Can a debt collector call you during the holidays? It Depends
Getting a phone call from a debt collector during the holiday season can ruin your holiday spirit. The Fair Debt Collection Practices Act (FDCPA) restricts the actions of debt collectors, protects consumers, and punishes debt collectors with unruly, bad behavior. Troy Doucet, the firm principal here at Doucet & Associates Co., L.P.A., shares advice regarding the FDCPA and how to deal with unruly debt collectors during the holiday season in the article “Can a Debt Collector call you during the holidays?” in the Atlanta Journal-Constitution.
The FDCPA punishes debt collectors who contact consumers with repetitive, harassing behavior and restricts them from calling consumers at inconvenient times. Calling in the middle of the night or calling a consumer at work are typical examples of an inconvenient time, but holidays may also be arguable inconvenient and a violation of the FDCPA.
Under the FDCPA, consumers are allowed to send a written letter asking a debt collector to stop calling. After, the debt collector may contact the consumer one more time to inform them they plan to take legal action. If the debt collector continues to contact the consumer after the letter, then a consumer litigation lawyer at Doucet & Associates Co., L.P.A. can help determine if the FDCPA has been violated. Once a consumer has legal representation, the debt collector cannot contact the consumer directly without permission of the lawyer.
In Ohio, lawsuits dealing with the FDCPA allow fee shifting. This means if the lawyers at Doucet & Associates Co., L.P.A. can help you win a lawsuit against a debt collector for bad and unruly behaviors, the debt collector will have to pay all of our attorney fees for you. Contact an experienced lawyer at (614)944-5219 for your consultation today.