Consumer rights violations are on the rise, with more and more consumers complaining of their rights being violated, experiencing debt collection harassment, and more. To obtain money from mortgage payments, many agencies and banks engage in activities that can be described as shady and nothing less than harassment.
Common consumer rights violations include debt collection harassment, privacy violations, unwanted phone calls and text messages, and credit reporting violations, among others. The common consumer violation is debt collection harassment. Creditors and/or debt collectors will go to extreme lengths to collect payment from a person who has defaulted on their account.
How to define violations of consumer rights
Privacy violation, spam phone calls, text messages, etc. everything constitutes harassment. If a creditor continues to do the following things to get their money back, then it can be defined as harassment:
- Contact you many times in a single day, including late at night or early in the morning
- Pressure you to sell your house or even take more credit
- Lobby through social networking websites, such as Twitter, Facebook, etc.
- Use one or more other debt collectors at the same time to contact you
- Failing to tell you about your debt, its status, or whether or not it has been passed on to the debt collection agency
- Verbally or physically threatening you
- cause public embarrassment
- Discuss your debt situation with others and defame your image and reputation
- Giving implication of legal action
- Making false claims, such as being a bailiff or working for the court, etc.
- Give the impression that the court has taken action against you
What can you do?
First, you’ll need to find out more about your debt collector:
- Collect all evidence of harassment
- Make a complaint to your creditor
- File a claim with a consumer attorney
If you are harassed or a debt collector violates your rights as a consumer, you can sue them. You have the right to sue and take legal action against the collector in federal or state court within one year from the date of the violation. Once you win the case against your collector, you can seek compensation from the collector for any damages. You will first have to prove the damages caused by the collector; may be illegal collection practices, harassment and/or other violations. You as a consumer may be paid up to $1,000 per violation.
You can report problems with your debt collector to your state Attorney General’s office and also to the Federal Trade Commission.
FDCPA violation
FDCPA or Fair Debt Collection Practices Act comes with strict guidelines that define what debt collectors cannot and cannot do. It is important for consumers to be aware of the FDCPA guidelines. A consumer can file a complaint with the FTC or Federal Trade Commission, against the debt collector, with the Better Business Bureau, or file a civil lawsuit in federal or state court.
People who are having trouble paying their mortgages and are facing harassment from their debt collectors can seek legal help. Through legal assistance they can avoid foreclosure or save their respective homes. Consumer attorneys can represent clients who are involved in legal proceedings related to foreclosures, provide advice on tax and legal implications related to foreclosures, bankruptcy, or short sales, or even negotiate a loan modification.
