According to the findings of the U.S. Congress, "There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors."

From this quote it should be clear that simply accepting what collectors tell you as fact is not in you best interest.  There is ample evidence to show that what they say is often false and/or in violation of the law Congress passed to govern their activities, The Fair Debt Collection Practices Act.

This law gives you the right to sue debt collectors who threaten, berate, intimidate or harass you; call you at odd hours, make false representations about the debt in question or their intentions and capacity to collect the debt; or otherwise act in ways prohibited by the Act.  They can be liable for up to $1,000 plus your attorney’s fee plus your actual damages for every instance that constitutes a violation of the Act.

The best way to stop creditor/collector harassment is to know your rights and assert them, and to point out the liability that exists for anyone who violates the Act.  These are all things that Provanta helps its clients accomplish.

Your most basic right is the right to be left alone.  Collectors cannot lawfully communicate with you in any form once you have delivered to them a "Cease Communication" demand letter, except once only to inform you they will be contacting you no further.

They need to know you know they cannot lawfully:

    • call you at work, if you tell them not to call you there
    • contact your employer or neighbors about your debt
    • threaten imprisonment or criminal punishment
    • assert more authority than they truly have, such as suing  
      you when they are not an attorney in your home state

or any number of other things we have heard about and alert our clients to as we conduct their debt settlement programs.