Over all the years I’ve been helping my clients solve their debt problems, the most common complaint I’ve heard is that the bill collectors call non-stop and are mean. This is not new. Most people just throw up their hands and figure that the collectors can do whatever they want. But, you, as a consumer, have some powerful laws on your side.
The most powerful protection against harassment from debt collectors is the Fair Debt Collection Practices Act (FDCPA). This is a Federal law that protects people from abusive and unfair collection calls and letters from bill collectors. It only applies to third party collectors. Third party collectors are companies like collection agencies, and law firms.
The FDCPA says that the bill collectors can’t call a consumer before 8:00 a.m., or after 9:00 p.m, local time. There are also restrictions on phone calls to neighbors. The collectors can call neighbors generally to ask about a person’s location, but can’t say that they are calling about a debt. There are many other rules that bill collectors have to follow, for example, harassment or threatening harm by a debt collector is forbidden. There are strict punishments for each violation (each contact!), and, if successful, the debtor can recover their own attorneys’ fees. There are also state laws that protect consumers as well.
Also, if you filed bankruptcy before, and the creditor was listed, collection actions such as letters and phone calls are prohibited too. And, there are penalties that can be awarded by the bankruptcy court.
So, you shouldn’t feel helpless in the face of harassing phone calls, making you feel like a bad person. You have rights, and you can fight back.
If you have problems with the bill collectors, give us a call. We treat every person individually, with the respect they deserve. We have offices in the Chicago Loop, Oak Lawn, Skokie, Waukegan, and Milwaukee to help people in Northern Illinois and Southern Wisconsin.
Daniel J. Winter
Law Offices of Daniel J. Winter
53 W. Jackson Boulevard
Suite 725
Chicago, IL 60604
312-789-9999
djw@DWinterLaw.com
BankruptcyLawChicago.com
