What constitutes harassment under the Fair Debt Collection Practices Act (FDCPA)?
In Washington, harassment is a form of illegal debt collection behavior prohibited by the Fair Debt Collection Practices Act (FDCPA). This federal law was created to protect consumers from abusive and unethical collection tactics and to ensure they are treated with fairness and respect in their time of need. Harassment can take many forms, including but not limited to: using threats of violence or harm; threatening to take action against the consumer that cannot legally be taken; using obscene, profane, or otherwise abusive language; repeatedly using the telephone to contact the consumer; calling a consumer during extremely inconvenient hours; and contacting the consumer at their place of business. In addition, creditors and collection agents are not allowed to make false or misleading statements whenever they are attempting to collect a debt. This includes misrepresenting the amount of the debt, the legal status of the debt, the consumer’s rights under the applicable law, or the consequences of non-payment of the debt. Finally, creditors and collection agents cannot contact any third party regarding the consumer’s debt, unless such contact is absolutely necessary to locate the consumer. Disclosing details of the consumer’s debt to a third party is also prohibited. Violation of any of these provisions of the FDCPA can be considered harassment, and consumers have the right to file a complaint with the Federal Trade Commission and seek compensation for any damages or losses incurred.
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