The Fair Debt Collection Practices Act protects consumers from unfair debt collection practices by setting limits on what collection agencies and debt collectors can and cannot do.

Under the law, debt collectors are not allowed to harass debtors when they attempt to collect. Specific situations may vary, but the touchstone for improper conduct is that a collector may not engage in any conduct that results in harassment, oppression, or abuse of the debtor. In consumer protection lawsuits, courts have found that staements in collection letters that an investigator would be dispatched to hunt down a debtor is abuse, statements that debtors ignore their bills and lack common sense is also not allowed, as well as threats of violence, profanity, and statements regarding a debtor’s ability to handle family affairs.

Contrary to popular belief, harassment by debt collectors has to go beyond simple phone calls and letters. A debt collector can contact a debtor by phone or by mail provided they follow certain required procedures. However, more than one phone call or letter is not harassment. If a debt collector begins to call too frequently or changes their tone to one that is violent or threatening, then a consumer should be sure to enfoce their own rights.

Chicago consumer fraud attorneys can assist a consumer in considering wiether they have been the victim of unfair debt collection practices and can evaluate any potential for a Chicago consumer fraud lawsuit.