Can You Sue A Collection Agency For Harrasment?

Question

I have a friend that is constantly being bothered by a collection agency.
They call after hours, use abusive language and will not give the true name or location of their company.
I have looked through the FDCPA and am not sure if she can sue directly or just make a complaint to a federal agency.
It's really frustrating for her since she doesn't have concrete evidence and has a weak case right now.
Anything she can do (legally) to get even with these *******?

Answer 1

yes she can do something.no collection agency is allowed to call after a certain time of day and arent supposed to bother you on sundays.ask for there address to send them correspondence then call someone to put a stop to it.also check lawsin your state.in this state if you tell them not to call you anymore they arent allowed to

Answer 2

She Should send a certified letter with a signature required for delivery. The letter should say something to the effect of stop calling my house. She should keep all receipts from the post office where she paid to send the letter. If they persist then she has grounds for a complaint and or lawsuit. The next time they call after they tell her the BS about "this is an attempt to collect a debt and this call is being recorded," she should tell them the same thing. It would be better if she actually was able to record the conversation. If she does record the conversation she has to tell them they are being recorded. That should change their tune.

Answer 3

Since they haven't been giving the name of their company, it would be hard to do anything. Plus, having no way to prove anything.

You might check the following link for the taping laws in your friends state. See if your friend needs to notify them that she is taping or can tape without telling them.
http://www.rcfp.org/taping/

Go to some place like Radio Shack and buy a tape recorder for taping phone conversations.

If your friend can tape without telling them, tape them.
If your friend cannot tape without telling them, have her mention that she is taping and see if they continue to violate her rights.

If she has caller ID, have her take pictures of the caller ID showing the phone number and time of "every" call.

If she has voice mail and they leave messages on it, save them.

Eventually, she may get the true name of the company and will have the proof she needs to sue them for their harrassing violations.

Answer 4

Yes. That it one of numerous items you can sue collection agencies for. Please see the link below for a list of items, what part of legislation they are violating, and the fines they can face. Good luck! (Scroll down past the ad at the top.)

Answer 5

Have her read this book... http://www.dallasloanguy.com/docs/about_credit.pdf
She can ABSOLUTELY sue them if she follows the proper procedures first.
She has to FIRE THEM. Yes, fire them. They don't have any legal rights to th money because you have no contract with them and you can tell them to 'cease & desist'

Read thru the book and let me know if I can answer any specific questions.

Tom Burris
DallasLoanGuy.com
http://www.dallasloanguy.com

Answer 6

If she owes the money-and is not making any effort to pay then no-there is little she can do other than to pay up.