When you owe a debt, it can be incredibly difficult to navigate your finances, as it can feel like an endless cycle. However, these matters may only be made worse if you are facing harassment by a debt collector. Unfortunately, many consumers believe that because they owe a debt, they have no protection when interacting with debt collectors. However, this is far from the truth. As such, if you have experienced harassment, it is imperative to understand the best ways to document your interactions with a collector. The following blog explores what you should know about these matters, including the importance of working with a Michigan identity theft & credit report lawyer to explore your options.
What Constitutes Harassment by a Collector?
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors have a considerable number of behaviors that are prohibited as they are considered unfair, abusive, or deceitful. As such, if you experience any of the following, it can constitute harassment:
- Repeated phone calls in a short period
- Placing phone calls outside of permitted hours
- Refusing to identify themselves as a debt collector
- Pretending to be a member of law enforcement or an attorney
- Lying about how much you owe
- Refusing to validate the debt
- Using vulgar or threatening language
- Publicly publishing your name as a debtor
You should note that under federal law, the FDCPA only applies to third-party debt collectors and not the original creditor.
How Do I Document Debt Collector Harassment?
If you experience any of the aforementioned behaviors from a debt collector in Michigan, it’s important to understand that you have rights in these matters. Under the FDCPA, you are entitled to statutory damages up to $1,000 per violation, as well as compensation for any damages incurred as a result of their actions. As such, you should take steps to document the damages you have endured as a result.
One of the most important things you can do to document the harassment you face is to save all communications with the collector. For example, you should take screenshots of call logs, keep copies of letters requesting debt validation notices sent via certified mail, and retain all emails or texts sent by the collector. You may also want to keep a journal to log the date, time, and specifics of each instance.
You should note that while Michigan is a one-party consent state for telephone recordings, meaning you do not need the consent of the other party to record a phone conversation, if the other party is not in Michigan or a one-party consent state, the recording can be considered illegal. For example, if the debt collector operates out of California, which is a two-party consent state, you would still need their permission before recording a phone conversation. As such, phone recordings as evidence can be tricky to navigate, so consulting your attorney is best in these matters.
Facing harassment can be incredibly upsetting, which is why working with a consumer defense attorney with Lyngklip & Associates is in your best interest. Our firm will do everything possible to help you fight during these difficult times. Contact us today to learn more.
