Debt collection calls can be stressful, but when they cross the line into harassment, it’s important to know your rights and how to respond effectively. If you find yourself unsure about what constitutes harassment and what protections they have under the law, this article is for you.

What Constitutes Harassment?

First off, it’s crucial to understand what counts as harassment from debt collectors. Under laws like the Fair Debt Collection Practices Act (FDCPA), there are clear lines that debt collectors shouldn’t cross. Harassment can include:

  • Repeated calls meant to annoy or harass you
  • Threats of violence or harm
  • Publishing your name as someone who refuses to pay debts (except to a credit bureau).
  • Using obscene or profane language
  • Making false statements, like claiming they’re attorneys or government representatives when they’re not

What Rules Do Debt Collectors Have to Follow?

Debt collectors have rules they’re required to stick to. Knowing what these are can give you a solid defense.

For starters, debt collectors are only allowed to call you between 8 a.m. and 9 p.m. local time. They’re also not supposed to call you at work if they know your employer doesn’t approve of these calls. And if you tell a debt collector in writing to stop calling you, they must comply (though this doesn’t make the debt go away).

“Being contacted by a debt collector can leave you with a sense of foreboding even if the collector hasn’t been overly aggressive in his or her attempt to recover your debts,” bankruptcy attorney Rowdy G. Williams admits. “But when a collector or agency begins harassing you and interfering with your everyday life, a line has been crossed. The collector should be held accountable for this behavior.”

Holding debt collectors accountable can be tough since there is so much gray area involved in what does and doesn’t constitute harassment. However, you absolutely have rights and protections – so you shouldn’t just sit back and deal with it. Being proactive will help you move past this frustrating chapter.

What to Do if You’re Being Harassed

If you find yourself on the receiving end of what you believe to be harassment, there are several steps you can take.

1. Keep Detailed Records

Start logging every interaction with the debt collector. Note the date, time, and content of each call or message. This information can be crucial if you decide to take legal action.

Keep every piece of written communication you receive from the debt collector. This includes letters, emails, and any legal notices. If debt collectors leave voicemails, save these messages as well. Many smartphones and digital voicemail services allow you to save or export voicemails as audio files. These recordings can serve as direct evidence of harassment or illegal practices.

2. Communicate in Writing

If you need to communicate with the debt collector, do it in writing. Sending letters by certified mail with a return receipt can provide proof that the debt collector received your correspondence. The idea is to create a paper trail, which is really the only thing the courts care about. (Everything else is just subjective “he-said-she-said” information.)

3. Know Your Rights

Familiarize yourself with the FDCPA and your local laws regarding debt collection. This knowledge can help you stand your ground and may deter debt collectors from using aggressive tactics.

We already mentioned that there are certain hours during which debt collectors are allowed to contact you, but the rules go much deeper than this. For example, debt collectors are only allowed to talk about your debt with you, your spouse, or your attorney. They cannot inform your friends, family, or coworkers about your debt, which protects your privacy and reputation.

If a debt collector violates the FDCPA, you have the right to sue them in state or federal court within one year from the date the violation occurred. If you win, you may recover damages for the harassment you suffered, plus legal fees and costs.

​​You can report any violations of the FDCPA to your state Attorney General’s office, the Federal Trade Commission (FTC), or the Consumer Financial Protection Bureau (CFPB). These agencies can take action against companies that violate the law.

Adding it All Up

Just because you’re in debt doesn’t mean you can be treated poorly by debt collectors. You have rights and they should be respected. Knowing the rules and how to hold debt collectors responsible for their actions can give you a newfound level of confidence and peace.