Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part Three: Invasion of Privacy

29 Mar Pennsylvania State Law Remedies in Addition to FDCPA Damages – Part Three: Invasion of Privacy

If you have suffered from a violation of the Fair Debt Collection Practices Act, chances are that you may have suffered injuries under Pennsylvania’s version of the UCC (Uniform Commercial Code) or Pennsylvania tort (personal injury) law as well.  In this segment, I will discuss invasion of privacy.
 
Invasion of Privacy

Pennsylvania law allows for recovery of damages for invasion of privacy.  This occurs when an invasion by the debt collector of the consumer’s privacy in a way objectionable to an average person.  The consumer must be in a place where there is an expectation of privacy.  (Example – home).   In other words, a debt collector intentionally interferes with the solitude of the consumer and intentionally causes emotional harm to the Plaintiff by engaging in highly offensive conduct in the course of collecting a debt.

For example, a debt collector calls a consumer’s home repeatedly at all hours of the day and night and makes false threats such as arrest, wage garnishment (illegal in PA), threat to call neighbors, friends.  As a result, the consumer suffers anxiety, irritability, insomnia, etc.  This could be actionable as invasion of privacy.

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