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

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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 13 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.


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