Is it legal for creditors to constantly send harassing emails, text messages and phone calls?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for creditors to constantly send harassing emails, text messages and phone calls?

My wife and I have been receiving harassing debt collection contact from a company that we financed a vehicle through. We were not clearly informed about this loan from the salesman and or the finance company. We have emails, text messages from representatives of the company. This has now caused great medical stress issues to my wife who has epilepsy.

Asked on July 1, 2011 under Bankruptcy Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What a horrible situation! I am so sorry.  No, they can not.  Under the Fair Debt Collection Practices Act you are protected from being harassed by creditors.  I would take a look at the provisions and arm yourself with knowledge.  The problem is that it is difficult to prosecute locally under the FDCPA but your state may also have enacted laws that follow along the same lines.  If you have been duped in a consumer transaction (and it appears that you may have been by what you have said) then I would call your state Attorney General's office and I would also call your state banking commission.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption