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The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using unfair or unconscionable means to collect or attempt to collect any debt. The FDCPA tries to balance creditors’ interests in being paid back their debts with debtors’ interests in being free from harassment and intimidation.

Accordingly, creditors are allowed to contact you but are bound by certain guidelines.

They Must Not Mislead You

A creditor cannot make any false, deceptive, or misleading representation or means in connection with any debt collection under Fair Debt Collection Practices Act,§ 807.

What does that even mean, you ask?

In other words, they can’t try to collect money that isn’t legitimately owed to pad the invoices. To convince you to do something, they can’t just say things.

They Must Identify Themselves

Creditors must identify themselves when they call you. For example, under the Fair Debt Collection Practices Act § 807 (3), they can’t say they are an attorney, are calling on behalf of an attorney, or operate a consumer reporting agency.

They Must Contact You at a Reasonable Time

Creditors cannot contact you at an unusual time or place or somewhere that they know is inconvenient for you. They aren’t allowed to call you before 8 am or after 9 pm. You can ask a creditor not to bother you in a letter. This is done to stop the debtor from being disturbed by debt collectors in the middle of the night and possibly at work if you have instructed them not to contact you.

They Must State the ‘Mini Miranda’

They must give you a “mini Miranda”—a set of statements debt collectors must use when attempting to collect a debt, essentially informing you of your rights. Many debt collectors claim to have an arrest warrant for the debtor. That is entirely forbidden. Even though you owe the debt, you cannot be mistreated. To recover the debt, they must do so respectfully and legally.

They Must Not Harass You

Creditors may not harass you or anyone else through any means of contact. If a debt collector has been attempting to contact you but has been unsuccessful, they will try different approaches. Calling your family members to determine how to reach you most effectively may be part of that.

This is not illegal. However there are restrictions on what debt collectors can say when contacting other persons to locate you under the FDCPA. Debt collectors are often only permitted to contact a person once, and they can only contact your relatives to identify you and not to collect money for your debt.

They Must Respect Do Not Call Arrangements

Creditors shouldn’t call you when you have informed them to stop contacting you. For example, the debt collector may continue to call you at work after you have told them never to call you at your workplace. They may keep calling when you have sent them a formal letter saying that they can only communicate with you through a letter.

Debt collectors are trying to speak to you in any way they can to pressure, shame, threaten or overwhelm you into paying your debt. Sometimes, they cross the line. Consult an experienced Mississippi debt collection harassment attorney at Ware Law Firm today.

Your Damages in an FDCPA Lawsuit

When a creditor has violated your legal rights under the FDCPA, you can file a civil lawsuit against them.

The law allows you the following remedies:

  • $1,000 for each violation as statutory damages (this is a strict liability – the debt collector need not intend to break the law)
  • Physical distress that you have suffered from the effects of being harassed or bullied by a debt collector
  • Emotional distress from debt collection harassment practices
  • Lost wages if calls to your office interfered with your ability to earn money at work

Why You Need a Mississippi Debt Collection Harassment Attorney

Debt collectors try to use any measure they can to discuss the debt with you. They may call family members and ask them to pass along a message. They may send creative letters. Their methods are always evolving as they try to stay one step ahead of the law. In turn, the laws and regulations regarding debt collection are continuously changing, along with how courts interpret the law.

Individual consumers may not know their legal rights in the face of persistent and menacing calls from debt collectors. They may be living in fear and afraid to answer their phone calls. A phone call to an experienced lawyer can help you fight back when you feel powerless. You do not have to put up with it when the person on the other end of the phone or sending you letters is breaking the law.

Contact a Mississippi Debt Collection Harassment Attorney

Contact Ware Law Firm when your legal rights have been violated. We stand up to the powerful corporate interests on behalf of clients who cannot stand up for themselves. Contact us today to learn how we can not only help you put a stop to debt collection harassment practices but also get financial compensation.

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Aggressive Consumer Protection & Litigation
As far as I’m concerned, you’re more than another case number. I see you — the real person behind the problem.
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Money problems can leave you in fear and desperation

Depressing Hopelessness…

Possible Loss Of Your Home And Property…

Unsure What Comes Next…

We can help.
What Our Clients Say
Christopher Graves
I think reviews from consumer are important; yet, reviews from other attorneys are just as important, in my opinion. Lawyers know the level of integrity, skill, and value-added of their colleagues. With that being said, Daniel Ware can be summed up in sentence: Daniel Ware is your favorite lawyer's favorite lawyer. If I had a civil, criminal, or bankruptcy matter, Daniel would the lawyer I would call.
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Mr. Ware is a very dependable and committed lawyer. He kept me in the loop of what was going on and most importantly he never stopped fighting for my case. That old saying 'He was A-1 from Day-1." Thanks Mr Ware.
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Daniel Ware is an amazing lawyer; very professional and committed. This has been stated over and over again in the reviews. However, he's more than that. Intelligent, compassionate and empathetic you can trust your concerns will be handled. I could go on, but the fact is I'd trust no one else for my affairs. The Ware Law Firm is all I needed.

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Frequently Asked Questions
Let’s Face It — You Have Questions.
What is the best way to stop a debt collector from calling me?

Besides telling them to stop, you should send them a written letter and keep a copy for yourself as proof that you sent it.

What happens if the debt collector is wrong?

You have the legal right to request that a debt collector send you validation of the debt. They must also give you certain information about the debt in their initial communication with you.

Can I get punitive damages in a lawsuit?

Yes, if the violation was bad enough. These damages have no cap on them.

103 3rd Street NW Magee, MS 39111
(601) 439-7079
403 Towne Center Boulevard Building 403C Ridgeland, MS 39157
(601) 439-7079
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