When are debt collection practices considered harassment?

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When are debt collection practices considered harassment?

If a company contacts you 5 times a day on your personal cellphone number and home number about unpaid debt does that constitute as harassment? I called them and told them to stop calling me but they refused and kept calling.

Asked on July 19, 2011 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The key issue is, *who* is contacting you. The fair debt collections practices act, or the FDCPA, has fairly strong limitations or restrictions on what a third-party debt collector can do to collect a debt, including when, how often, how, etc. it can contact debtors (especially after the debtor has told them in writing to stop). A third-party debt collector is a person or business who collects the debts of others, like a collection agency. If your "google" "Fair Debt Collections Practices Act," you can find a summary of the protections available to you vs. third-party debt collectors.

However, creditors themselves--i.e. the person or busines to whom you actually owe the money, who is trying to collect on its own debt--is much less limited. A creditor may be able to call you multiple times per day to try to recover money you owe him, her, or it.


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