Payday Loans

Avoid Payday Loan Debt Collector Harrasment – Know The Laws About Phone Calls For Debt Collection

Your awareness about your legal rights is the key when it comes to protecting yourself from payday loan debt collector harassment. The more informed you are, the better you can protect yourself. It is important for you to keep in mind that the Fair debt Collection Practices Act applies to payday lending also. Payday lenders and collectors have the right to give you phone calls or to meet you personally at your home, but they have no right to embarrass you, to annoy you or to harass you. There are several legal restrictions on what is permissible and what is not permissible for a debt collector to say on phone. You even have the right to tell them that you do not want them to call you again. If they still call back after a couple of times of request, you can take legal actions against them. Following is a brief rundown on some of the practices that are illegal when it comes to collection calls.

Calling You In Odd Times

If you are getting phone calls before 8 am and after 8 pm, it will be considered as payday loan debt collector harassment. The collectors have no right to annoy you by giving you calls in odd times, such as during the early hours in the morning or in the middle of the night.

Threatening Violence Or False Legal Actions

Payday debt collectors are often very aggressive, but it is quite illegal for them to threaten violence just because you are unable to make the repayment. Some collection agents try to threaten you with certain legal actions that are false and prohibited under the applicable laws in your state. For example, it is important to note that you cannot be sent to jail for nonpayment of payday debt. All your lenders can do is that they can file a civil lawsuit against you. In worst situations, you can be forced to file bankruptcy, but they cannot get you arrested. If you get such threats from them on phone, tell them that you are aware of the laws very well, and that if they do not stop threatening you like this, you are going to file complaint against them.

Calling You At Work

In order to avoid payday loan debt collector harassment, the US laws have strictly prohibited collection agencies or payday lenders to call their debtors at their workplace. The only exception is when they are unable to contact you otherwise and are trying to locate you. But, even in that case, they cannot give repeated phone calls to your employer; they can make such calls just one or two times. Besides that, they are also prohibited to discuss your debt problems with any third party. When you receive the call for the first time at your workplace, tell them straightaway that you do not want them to call while you are at work. If they still continue calling, send them a letter requesting to stop the calls. Keep a copy of that letter. This is a proof, which can be very helpful when you file a complaint against the payday debt collectors.

Repeated Calling

Even though they are allowed to make phone calls between 8 am to 8 pm, they cannot make repeated calls just to force you to make the repayment or just to annoy and harass you. Repeated calling for no specific reason is also considered as payday loan debt collector harassment. The maximum they can call is one or two times a day, that too, only when you allow and only to inform you that you owe certain debt and ask when you are going to repay the same.

Use Of Abusive Language

They have no right to use abusive language during those phone calls. If they use obscene language or profanity, you must immediately file a complaint against them with your state authority. In some states, it is legal to tape phone calls as evidence without even informing the caller about it. In other states, you will first have to inform the caller that you are recording the call. It often works; when you tell this to your payday debt collector, they are likely to behave well with you.

They Cannot Discuss Your Debts With Third Party

It is also important to note that collection agents cannot discuss your debt with your spouse, if needed, but they cannot disclose these details to any third party, including your neighbors, your colleagues, friends, or relatives.

Overall, there is no reason why you should keep tolerating payday loan debt collector harassment. Even if you are in a poor financial position and not able to pay off the debt, there can be several other alternative solutions. The next time you get such harassing calls from collection agencies, make sure you act the way it has been suggested above. As long as you are tolerating these calls without saying a word, they will keep on harassing you. So, tell them that you know what your legal rights are and you know how to use them – but do not say it like you are threatening them; say it as if you are informing them in a professional calm tone. How you behave with the collection agents also matter; they can also tape your phone calls. It is illegal for you also to use abusive language for them. Your bad behavior will only make things much more problematic for you.


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