What constitutes harassment under the Fair Debt Collection Practices Act (FDCPA)?
Harassment is a key element of the Fair Debt Collection Practices Act (FDCPA). It protects consumers from improper and illegal debt collection practices, including harassment. In Maryland, the FDCPA applies to third-party debt collectors, which are separate from the original creditors. To constitute harassment, a debt collector cannot use abusive, unfair, or deceptive practices. This includes the use of threats, intimidation, obscene language, and excessive phone calls. According to the FDCPA, debt collectors are not allowed to call repeatedly, call at inconvenient times, or call without disclosing their identity. Additionally, debt collectors are not allowed to publicly embarrass or threaten to embarrass the consumer. This includes making public remarks or using public displays to shame the consumer. Collectors must also respect the consumer’s right to privacy. The FDCPA prohibits collectors from revealing or discussing the debt with anyone other than the consumer. In addition, the FDCPA prohibits collectors from making false or deceptive statements to the consumer. This includes lying about the amount owed or the legal status of the debt. Under the FDCPA, debt collectors are also not allowed to use false claims or claims of government affiliation to coerce payment from the consumer. Overall, the FDCPA provides protection for consumers in Maryland against harassment and other improper debt collection practices. Consumers can rely on the FDCPA to ensure that debt collectors are not using unfair or illegal practices to collect their debt.
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