Are Debt Collectors Allowed to Use Threats or Abusive Language?

No, debt collectors are not allowed to threaten you or use foul and abusive language under the Fair Debt Collection Practices Act (FDCPA). Though the FDCPA doesn’t apply to everyone attempting to collect a debt, any coercive or unlawfully threatening conduct might be considered illegal under both state and federal law.

If you’re being abused or harassed by a debt collector, immediately contact nationally recognized FDCPA attorney Jibrael S. Hindi. He can stop unlawful debt collection practices and even help you recover financial compensation for the abuse. Call (844) 542-7235 or contact his debt collection defense team online to schedule a free and confidential consultation today.

Laws Stopping Debt Collectors from Abusing or Harassing Debtors 

If you fail to pay a debt, it’s the creditor’s legal right to attempt to collect that debt respectfully. A federal law called the Fair Debt Collection Practices Act (FDCPA), which applies in every state, prohibits debt collectors from engaging in abusive, deceptive, and unfair debt collection practices. This includes the following under 15 U.S.C. § 1692(e):

• Threats: Debt collectors cannot threaten to use violence or engage in any criminal conduct against you physically or to harm your reputation or property.
• Abusive Language: Collections agents cannot use obscene or profane language or language that the hearer or reader (you) would naturally find offensive. 
• Public Shaming: They cannot publish a list of those refusing to pay debts publicly; however, they may take appropriate action to report you to credit agencies.
• Coercion: Collection agents cannot advertise that your debt is for sale (often with more unfavorable terms) for the purpose of pressuring you to pay.
• Harassment: Defined as constantly causing your phone to ring or keeping you on the phone with the intent to annoy, abuse, or harass you.
• Deception: The collections agent must identify himself or herself to you after verifying you’re the debtor.

Additional laws also prevent debt collectors from lying about their legal rights or otherwise making untrue and manipulative representations to collect a debt.

Defining ‘Threats and Abusive Language’ under the FDCPA

The law does not specifically define what qualifies as ‘obscene’ and ‘abusive’ language, but most courts agree that it includes recognized swear words, sexual innuendos, and racial comments. Violent threats and derogatory conversations, such as those harassing you for not being able to pay, might also qualify as abusive.

Damages Available from Abusive Debt Collectors

If you found a comment to be offensive, even if the debt collector didn’t use direct threats or swear words, you might have the right to demand financial damages. This includes up to $1,000 from the debt collector, actual damages, and even attorneys’ fees and court costs (15 U.S.C. § 1692(l)). An experienced FDCPA lawyer can analyze your case to determine whether the conversation qualifies as harassing.

National FDCPA Harassment Lawyer

Debt collection laws are very specific and might only apply to a collection agency rather than the original creditor. If you’ve been subject to manipulative, abusive, or harassing conversations with a debt collector, contact experienced FDCPA attorney Jibrael S. Hindi for a free consultation. Call (844) 542-7235 or connect with his nationally renowned consumer protection team today.