Are You Receiving Harassing Calls from Securian?
Are You Receiving Harassing Calls from Securian? Under the Fair Debt Collection Practices Act (FDCPA), harassing phone calls by debt collectors are prohibited. The FDCPA sets clear guidelines to protect consumers from abusive, unfair, and deceptive practices in the collection of debts. If Securian breaks the laws under the FDCPA, you may be entitled to statutory damages ranging from $100 to $1000.00 plus Securian is responsible for paying your attorney fees.
What constitutes harassing phone calls under the FDCPA?
Excessive and Repeated Calls
- Frequent Calls: Debt collectors are prohibited from making repeated phone calls with the intent to annoy, abuse, or harass the consumer. Although the FDCPA does not specify an exact number of calls that would be considered harassment, multiple calls in a short period of time, particularly if they are made continuously or without any real purpose, can be deemed harassing.
- Calling at Inconvenient Times: Debt collectors are not allowed to call before 8 a.m. or after 9 p.m. in the consumer’s local time unless the consumer has expressly agreed to such contact. Calling outside these hours can be considered harassment.
2. Threatening or Abusive Language
- Use of Profanity: Using obscene or profane language during phone calls is considered harassment and is strictly prohibited under the FDCPA.
- Threatening Behavior: Making threats of violence, harm, or illegal actions during phone calls is also considered harassment. This includes threats of arrest, wage garnishment, or property seizure if these actions are not legally permissible or if the debt collector does not intend to follow through.
3. Failure to Identify Themselves
- Misrepresentation: Debt collectors must identify themselves during each phone call and must state that they are attempting to collect a debt. Failing to do so, or falsely representing themselves as someone else (e.g., a law enforcement officer or attorney), is a violation of the FDCPA and can be considered harassment.
4. Calling at Work Despite Requests Not To
- Workplace Contact: If a debt collector knows or has reason to know that the consumer’s employer prohibits such communication, they are not allowed to call the consumer at their place of employment. If the consumer requests in writing or verbally that the collector stop calling them at work, continuing to do so is a violation of the FDCPA.
5. Ignoring Cease-and-Desist Requests
- Continuing Contact After a Request to Stop: If a consumer sends a written request to the debt collector asking them to stop all communication, the collector must comply. Once the cease-and-desist request is received, the collector can only contact the consumer to confirm receipt of the request or to inform them of specific legal actions they intend to take. Continuing to make phone calls after such a request is considered harassment.
6. Robocalls and Automated Messages
- Excessive Robocalls: While the FDCPA primarily focuses on human-initiated calls, excessive use of robocalls or automated messages can also be considered harassment, especially if these calls are frequent or made at odd hours.
7. Calling Third Parties
- Contacting Third Parties: Debt collectors are generally not allowed to discuss the consumer’s debt with third parties, such as family members, friends, or employers. However, they can contact third parties once to obtain the consumer’s contact information. Any additional contact with third parties, especially if done to pressure the consumer, can be considered harassment.
Consumer Rights and Remedies
If a debt collector is engaging in harassing calls, consumers have several options to protect themselves:
- Document the Calls: Keep a log of all calls, including the date, time, the content of the conversation, and the name of the person who called. This documentation can be crucial if you decide to file a complaint or take legal action.
- Request Debt Validation: If you believe the debt is incorrect or not yours, you can request validation of the debt in writing. This forces the debt collector to provide proof of the debt before continuing collection efforts.
- Send a Cease-and-Desist Letter: If the harassment continues, you can send a written request to the debt collector demanding that they stop all communication with you. Once received, the debt collector can only contact you to confirm that they will stop communication or to inform you of specific legal actions they intend to take.
- File a Complaint: You can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general. These agencies can investigate the debt collector’s practices and take appropriate action if they are found to be violating the law.
- Seek Legal Action: If the harassment is severe or persistent, consider consulting with an attorney who specializes in consumer rights or debt collection law. You may be able to file a lawsuit against the debt collector, and if successful, you could be awarded damages, including statutory damages up to $1,000, actual damages, and attorney’s fees.
CONSUMER RIGHTS LAW FIRM, PLLC
Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Contact a legal professional to stop the Securian harassing calls. If you are interested in learning more about how to safeguard yourself and prevent even more Securian harassing calls, call us at (877)700-5790 for immediate assistance or visit our website at www.consumerlawfirmcenter.com check out a link for even more information:
