Consumers nationwide, including in Ohio, are protected against the abuse and harassment by creditors or their collection agents. The Fair Debt Collection Practices Act (FDCPA) says nobody may be harassed, oppressed or abused by debt collectors. Repetitive phone calls, profane or obscene language and threats of any kind are not allowed. Creditors or their agents must identify themselves when they make collection phone calls.
Furthermore, debt collectors may not be misleading or deceptive when they call consumers. Some callers pretend to be attorneys and threaten people with arrest or other legal action. In some cases, they threaten to do things that cannot legally be done or which they have no intention of carrying out. Victims of such abuse may benefit from keeping all documents related to the communication with abusive debt collectors. When consulting with an attorney in the event of a dispute, these records can be valuable.
A consumer in another state recently filed a federal lawsuit against a debt collector alleging misrepresentation. The plaintiff’s complaint alleges that the debt collector attempted to collect the debt by making threats of action if the debt is not promptly paid. Court documents also allege that the defendant made misleading and deceptive statements.
The plaintiff, in this case, requested a jury trial in pursuance of recovery of damages and legal costs. Ohio consumers who are experiencing abusive debt collection need not endure the harassment. A consultation with an experienced attorney who is skilled in handling illegal debt collection practices can provide the necessary guidance and support to hold such a company accountable.
Source: pennrecord.com, “Consumer alleges threats in debt collection attempt“, Louie Torres, July 19, 2016