subject: How To Deal With Rude Debt Collectors [print this page] I am often confronted by consumers who dont know how to deal with rude debt collectors. While I would love to help everybody with their debt issues, I can only intervene when a collection agencys conduct becomes unlawful.That is to say, the collector(s) violates the Fair Debt Collection Practices Act (FDCPA).
I recently read an opinion in an FDCPA case were a judge opined that while it was clear that a debt collectors conduct was unprofessional, which one could likely take to also mean rude, that the conduct did not rise to the level of a violation of the FDCPA. Under section 1692d of the FDCPA, it is unlawful for a debt collector to engage in conduct the natural consequence of which is to harass, oppress or abuse the person called. However, the recent opinion is certain to create some problems as consumers will have a very difficult time in distinguishing between what is unprofessional and what is unlawful.For example, is it unlawful for a debt collector to tell a consumer, How can you live with yourself owing all this money?? Is that just unprofessional, or is it conduct to harass, oppress or abuse the consumer (which would be a violation)? What about when a collector is screaming at a consumer; is that unlawful or unprofessional?In a completely different situation, what if a collector calls a consumer and during conversation, lets a profane word slip out, but was otherwise nice throughout the conversation?Under section 1692d(5) of the FDCPA, it is unlawful to use obscene or profane language.So while the consumer might not have felt harassed, oppressed or abused by the consumer, the use of profanity is, on its face, unlawful.Since it is the purpose of the FDCPA to eliminate abuse debt collection practices by debt collectors, it would seem that unprofessional conduct should be included; but this is not the case.
The best thing to do when confronted with a debt collector who is being rude or unprofessional is to call us; we can go over the collectors conduct and determine whether or not they are being just unprofessional or unlawful.Another option is to send a cease and desist letter to the collection agency (but send it with return receipt so as to confirm that the collection agency received the letter).All collection calls made after receipt of that letter are unlawful, and ripe for an FDCPA complaint, and I can intervene.
