Debt Collection Harassment
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 12, 2007 in General Bankruptcy Information
The Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692d makes it unlawful for a debt collector to 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. This is a general prohibition.
However, the statute goes on to list specific examples of harassing, oppressive, or abusive conduct. These examples are: (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; (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 regarding the acquisition of location information, the placement of telephone calls without meaningful disclosure of the caller’s identity.
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