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10 Times You Can Sue a Debt Collector in Ohio
That sinking feeling in the pit of your stomach that comes with debt collection calls is probably causing you some sleepless nights.
You may believe these debt collectors can do whatever they want to do to collect. But that simply isn’t the case. Per the FDCPA, collectors have strict limits under the law. And when they disregard these laws, they could end up on the wrong side of a debt collection lawsuit.
Times you may be able to sue a debt collector for misconduct.
1. They are Talking About Your Debt With Third Parties
Debt collectors often use a fear of shame to intimidate borrowers. While they can contact your spouse about debts, collectors may also threaten to call your family or employer and tell them about your debt if you don’t pay. If they follow through on that threat, it is a violation of the FDCPA.
2. They Contact You After You’ve Hired an Attorney
If you inform a collector that you have hired an attorney, they must only correspond with your attorney. After hiring a debt collection attorney in Ohio and telling collectors, further attempts at direct contact are not permitted.
3. Making Threats They Do Not Intend to Follow Through With
Debt collectors push the limits to secure a payment. They might threaten to sue you, even if they have no intention of doing so. They might threaten to contact law enforcement even if they cannot legally do so. Making threats that they cannot or do not intend to follow through on is a violation.
4. Calling Outside Permitted Times
Debt collection calls are not legally permitted before 8:00 A.M. and 9:00 P.M. In addition, if you tell a collector not to call within a specific timeframe and they do so anyway, that is also a violation.
5. Misrepresenting Your Debt
To try to force a payment, debt collectors might misrepresent the nature of your debt. They may imply or outright claim that you are legally responsible for a deceased family member’s debt, even if you are not a cosigner or joint account holder.
6. Automatic Phone Dialing Systems
Quite a few debt collection companies use automatic systems to dial borrowers, which sometimes means calling multiple times per day. This is against the TCPA and is grounds for a debt collection lawsuit. Similarly, pre-recorded voice calls are not legally allowed.
7. Engaging in Verbal Abuse
Sometimes, debt collectors are outright shameless in how they try to get money out of consumers. They might call consumers lazy, bad people, useless, scammers, leeches, or any number of names for not paying their debt. It should go without saying, but this is definitely illegal.
8. Misrepresenting Who They Are
Certain debt collection companies intentionally use vague or misleading names to frighten consumers into paying debts that are not theirs or past the statute of limitations. Names that imply a company is working on behalf of the government may be against debt collection statutes. A collector who insinuates or outright states that they are working on behalf of a government entity when they aren’t actually doing so is in violation.
9. Threats of Violence
People with a considerable amount of debt know just how mean debt collectors can get. Despite the obviously abusive, unethical, and unprofessional nature of this behavior, debt collectors may threaten physical harm unless you pay up. This is a blatant violation of the law and must be reported.
10. Calling the Wrong Person
If you inherit a phone number that belonged to someone with debt collectors after them, your phone might ring…a lot. If you tell collectors that you are not the person they are calling for and that they have the wrong number, they may continue to call. When they do, it is a violation. Collectors often do this because they think you are lying about who you are to avoid paying your debt.
Work with an Ohio Debt Attorney at LHA
Is your day defined by a phone that rings nonstop and the constant dread of collections lawsuits? Don’t face your debtors alone.
Let the experienced consumer debt lawyers at Luftman, Heck & Associates help. You can hold debt collectors accountable and pursue compensation for their abuses.