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Call Kevin Mack to Fight Illegal Creditor Harassment
Tiffin-Area Residents Can Protect Themselves from Creditor Harassment
Do creditors have your phones ringing off the hook at all hours of the night? Do they make threats about what will happen if you do not pay? In some cases, these, and other creditor tactics break the law and should be halted as such. With one call to Attorney Kevin Mack, in Tiffin, OH, you can put an end to this creditor harassment. Protect your rights and hold them accountable under the Federal Debt Collection Practices Act (FDCPA). The FDCPA legislates the legality of creditor tactics and defines several common instances of illegal harassment. You can also check out Ohio-specific legislation, including the Ohio Consumer Sales Practices Act and the Ohio Deceptive Trade Practices Act.
Consider These FDCPA Violations as Creditor Harassment
While Acquiring Location Information, Debt Collectors May Not:
- Unless you ask the collector, state for whom he or she works;
- Inform others, including family, friends, neighbors, and coworkers that you owe a consumer debt;
- Communicate by post card;
- Use any language or symbols on envelopes or any mail parcels that indicate that the communication is from a debt collector or the contents of the mail parcel relates to the collection of debt;
- Communicate with the consumer, debtor, or anyone else once the debt collector knows the debtor has legal representation from an attorney.
While Communicating Directly With Consumer Debtors, Collectors May Not:
- Contact you at any unusual time or place: Inconvenient times include between the hours of 9:01 p.m. to 7:59 a.m.;
- Contact you if the debt collector knows that you have legal representation from an attorney or can ascertain the name, address, or telephone number of your attorney;
- Contact you at your place of employment.
Harassment and Abuse Occurs When Debt Collectors Do The Following:
- Use or threaten to use violence or other means to harm one’s person, reputation, or property;
- Use language intended to abuse the hearer of such person;
- Call consumer debtors repeatedly with the intent to annoy, abuse, and harass;
- Fail to divulge their identity and collection agency.
False and Misleading Violations Occur When Collectors:
- Represent falsely that they are a police officer, government official, or affiliated with the United State government;
- Falsely represent that they are an attorney or that their communication comes from an attorney;
- Threaten that non-payment will result in arrest or imprisonment;
- Threaten that nonpayment will result in loss of property or loss of wages;
- Threaten to take action that the collector cannot legally take;
- State that the consumer committed a crime;
- Threaten to communicate false information;
- Use false, misleading, or deceptive information in an attempt to collect a debt.
- Use any business name other than its “true” business name.
Unfair Practices Occur When A Debt Collector Does One Of The Following:
- Collects an amount (interest fees or any expense other than the original purchasing agreement) not authorized by the original agreement or by law;
- Communicates with a consumer by postcard;
- Deposits or threatens to deposit postdated checks prior to the date on said check.
When Validating Debts, Debt Collectors Must, Within Five Days of the Initial Communication with the Debt Collector:
- Disclose the amount of the debt;
- Disclose the name of the original creditor;
- Have a statement in the communication that states: “Unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;”
- Have a statement that states: “If the Consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment will be mailed to the consumer by the debt collector;”
- Have a statement that states: “Upon the consumer’s written request within the thirty-day period, the debt collector will provide the name and address of the original creditor, if different from the current creditor;”
- Not contact you if you have disputes or requested verification of your debt.