Creditor Harassment Laws
Are you facing harassment from creditors? If you receive phone calls from creditors demanding payment or are inundated with letters from creditors threatening to sue you, you should know there are state and federal laws in place that can protect you. Our Ohio bankruptcy attorneys can help you learn more about creditor harassment laws and how to stop unlawful harassment.
Fair Debt Collection Practice Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. The Act creates specific guidelines for debt collectors, outlines the rights of consumers interacting with debt collectors, and stipulates penalties for violations of the Act. Creditors must comply with the FDCPA’s guidelines when collecting a debt.
Specifically, the FDCPA prohibits creditors from using abusive, deceptive practices when collecting debts, including the following:
- Contacting consumers at their place of employment
- Calling consumers before 8 a.m. or after 9 p.m.
- Contacting a consumer represented by an attorney
- Misrepresenting the debt or using deceit to collect a debt, such as a creditor misrepresenting themselves as an attorney
- Failing to cease communication after having received written notice from the consumer of their refusal to pay the alleged debt
In addition, the Act requires debt collectors to do the following when conducting business with consumers:
- Identify themselves as a debt collector in every communication with a consumer
- Notify the consumer of their right to dispute the debt with the debt collector
Consumer Credit Protection Act (CCPA)
The Consumer Credit Protection Act (CCPA), enacted in 1968, contains the Truth in Lending Act, which mandates full disclosure of financial terms and conditions in credit transactions and offers to extend credit. The CCPA also restricts how much money can be garnished from an employee’s paycheck to pay a debt. Specifically, garnishment may not exceed 25 percent of an employee’s disposable earnings per workweek, with few exceptions.
Furthermore, under the CCPA, an employer may not fire an employee simply because the employee’s wages are garnished. Employers violating this stipulation may be penalized, including fines and jail time.
Ohio Commercial Sales Protection Act, or OCSPA
The OCSPA is a state law prohibiting unfair or deceptive acts or practices in consumer transactions. The act clarifies which business practices are legal and outlines what businesses cannot claim in their advertisements. Under the act, the following circumstances may contribute to an act or practice being deemed unconscionable:
- The seller or lessor knowingly took advantage of the consumer’s mental incapacity, ignorance, illiteracy, or inability to understand the language in an agreement
- The seller or lessor knew at the time of the transaction that the consumer likely could not pay the obligation in full
- The seller or lessor knowingly made a misleading statement on which the consumer relied during the transaction
Contact Our Ohio Bankruptcy Lawyers for Help
If you face harassment from creditors, you should know your rights. At Amourgis & Associates, Attorneys at Law, our debt collection harassment attorneys have extensive experience helping people like you resolve their most pressing problems. Contact our office today for a free case evaluation with our attorneys for debt collection harassment in Ohio.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
