Are Debt Collectors Harassing You? Know your rights.

The pandemic is coming to a close, and debt collectors are beginning to call and write again.  Arkansas may not have any new pandemic protections from private debt collectors, but all debt collectors must follow federal law.  Under the Fair Debt Collection Practices Act (FDCPA), debt collectors must follow strict guidelines in how they collect a debt from consumers.  This act tells you what debt collectors can and cannot do.

 

The following is a sample list of things that debt collectors CANNOT do.

  • Call before 8 a.m. or after 9 p.m., unless you agree to it

  • Call you at work, if you tell them not to

  • Contact you after you write them telling them to stop contacting you

  • Tell you that they will start legal action against you if they don’t intend to take the action

  • Harass you or any third party

  • Contact you if you send a letter disputing the debt or asking for verification of the debt

  • Use obscene or profane language

  • Repeatedly use the phone to annoy you

  • Take or threaten to take your property (unless it can be done legally)

  • Try to collect any interest, fee, or other charges on top of the amount you owe

  • Lie when they are trying to collect a debt.

  • Falsely claim that they are attorneys or government representatives;

  • Falsely claim that you have committed a crime;

  • Falsely represent that they operate or work for a credit reporting company;

  • Misrepresent the amount you owe;

  • Give false credit information about you to anyone, including a credit reporting company;

  • Send you anything that looks like an official document from a court or government agency if it isn’t

  • Use a false company name.

  • Indicate that papers they send you are legal forms if they aren’t

  • Indicate that papers they send to you are not legal forms if they are.

Debt collectors also are prohibited from saying that: you will be arrested if you don’t pay your debt; they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

If any debt collectors are harassing you, contact an attorney to advise you because they violate the FDCPA. You could get statutory damages of up to $1,000!

If you live in Arkansas, you can call the Center for Arkansas Legal Services and see if you qualify for FREE legal help at 501-376-3423 or toll-free at 1-800-950-5817 or apply online at https://www.arkansaslegal.org/apply-for-services.

 
 

AUTHOR: CECILLE DOAN, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES

 
Amber Quaid