If you’ve been reading this blog, you know that part of my practice includes debt collection work. No, I’m not one of those guys who calls people asking for money. But if you ever get sued for owing money, I might be the guy you meet in the courtroom.
Before a case ever gets to me, though, one of my clients has probably made attempts to contact the debtor, usually with a phone call, to see about getting paid. Just asking for money, isn’t enough to qualify as harassment, either under federal or Colorado law.
The federal Fair Debt Collection Practices Act is very clear as to what constitutes harassment:
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 804 of this Act, the placement of telephone calls without meaningful disclosure of the caller’s identity.
Debt collectors are subject to penalties for breaking these rules. If you believe your are being harassed, call a lawyer.
Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule a bankruptcy consultation at a time that is convenient for you.
Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.
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28. February 2010 at 1:47 am
i have a debt collector that calls me 3 to 4 times a week. i have told them that i do not want them calling my grandmas house anymore, i want them to respond by mail. i have made this request several times and have been ignored. also when they call askibg for money, i tell them that i have no money.. they begin to belittle me and insult me. is this harrassment and what can i do to get the dollar finical company to stop calling me and harrassing me?
thank you for your help
bill rowley.