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Collection Calls

There are two main types of collection calls: 1. those from an original creditor, and 2. those from a third party debt collector. They could be identical in the harassing or deceptive nature of each, but you may not have a viable remedy if the call comes from the original collector.

In order for the FDCPA to apply to a harassing or deceptive call, it must come from a third party collector. If the call comes from the original creditor, then your only remedy may fall under the Ohio Consumer Sales Practices Act (OCSPA). The OCSPA attempts to fill the gap left by the FDCPA with regard to original creditors; however, the OCSPA then immediately exempts most entities, such as financial institutions, that are attempting to collect debt. Thus, as a gap filler, the OCSPA has left a lot to be desired.

The OCSPA is applicable in rare circumstances. For example, you bought a piece of jewelry on store credit, and then for whatever reason could not pay for that jewelry. Even though the jewelry store would be the original creditor in attempting to collect on its debt and would not be bound by the FDCPA, it would fall within the confines of the OCSPA. As result, it could not engage in harassing or deceptive collection tactics.

The following are common tactics a collector might use that normally would be considered violations of the FDCPA or OCSPA:

  1. Using profane language,

  2. Threatening you with physical violence if you do not pay the debt,

  3. Threatening to call your friends and family about the debt,

  4. Threatening to arrest you or bring a lawsuit when they either do not have the power to do so, or simply do not actually contemplate this action,

  5. Calling you after you have demanded they cease all communication with you,

  6. Calling you after your debt collections defense attorney has sent a representation letter or otherwise disclosed that he or she represents you in the matter.

There are many more ways in which a collection call may be harassing or deceptive, and if you believe you have fallen victim to such treatment, you should contact a consumer law attorney immediately.

Consumer law question? Contact us today.

Financial difficulty can be a stressful and overwhelming emotional experience for anyone. Your hard earned dollars are a stake and it is understandable that you have a lot of questions. The Luftman, Heck & Associates Consume law attorneys are on your side. Get answers to your questions and concerns by contacting Luftman, Heck & Associates Consumer Law attorneys today at (888) 726-3181 or email us at advice@ohiodebthelp.com.
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