Tips For Consumers

What can you do to protect yourself from abusive debt collectors?

First and foremost, get over the fear of the telephone. If debt collectors are violating the FDCPA, you are entitled to monetary damages in the form of "statutory damages" (up to $1,000 total) and "actual damages" (compensation for actual damages suffered). Actual damages include physical and emotional injuries.

Debt collection harassment is a serious issue, and it can have serious and pervasive effects on the consumer's health. Some of the many possible injuries which have been traced back to debt collection harassment include:

Insomnia
Mental anguish
Depression
Anxiety
Panic attacks
Worsening of existing stress-related diseases such as fibromyalgia, asthma, cardiac conditions, hypertension, etc.
Nausea and vomiting

Note your symptoms by keeping a log, such as this one I created to help clients keep track of FDCPA violations. Keep notes on such details as the time and date of the call, the frequency of calls, the exact language used by the debt collector, your physical and emotional reactions, and any witnesses to the event. Print it off and keep a copy by every telephone in the house, along with a pen.

Should you tape record your harasser? Laws on this subject vary widely from state to state. Some jurisdictions prohibit the taping of any conversation without the expressed consent of both parties to the conversation. Others allow for taping as long as one party to the conversation consents. In these jurisdictions, including South Carolina, your consent to the tape recording (implied by your actual taping of the conversation) is enough.

But if you are in another state, you should absolutely contact an attorney in that state to get an explanation of that state's laws prior to tape recording any conversation in order to avoid civil or criminal charges. You can always inform the harasser that he or she is being tape recorded and obtain their consent; this is enough sometimes to stop the harassing conduct.

For more detailed information on these and other topics related to consumer credit law, as well as information related to bankruptcy, personal finance, and consumer protection laws, don't forget to add the South Carolina Bankruptcy & Consumer Law Blog to your RSS reader or check the blog frequently for new posts!

DISCLAIMER: This website and its contents are meant as a general discussion of certain legal issues and not as a statement of fact, of legal advice, or as a legal opinion. No attorney-client relationship is formed by your visiting this site, clicking on its links, utilizing the resources provided herein, or otherwise, and no such relationship exists until a signed retainer agreement has been delivered to the Law Office of Sheryl Sisk Schelin with the appropriate fee. You should not rely on or act upon any information contained herein or on any other website without first seeking the services of a competent attorney licensed to practice in your jurisdiction. Sheryl Sisk Schelin practices law only in the State of South Carolina, and is not authorized to render legal services in any other jurisdiction.

The Law Office of Sheryl Sisk Schelin is a debt relief agency under the laws of the United States, including the Bankruptcy Code, and assists its clients by helping them to file for relief under the Bankruptcy Code, among other solutions, and as appropriate to their individual needs.