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What Is Credit Card Harassment?

Harassment from credit card companies may occur as part of collection efforts on a past due account.
Several countries have laws in place to protect debtors' rights.
Phone calls from a credit card company after 9 p.m. is considered harassment.
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  • Written By: B. Miller
  • Edited By: Andrew Jones
  • Last Modified Date: 20 October 2014
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Credit card harassment, also referred to as debt collection harassment, occurs when creditors will attempt to collect payment on accounts that are overdue by employing abusive techniques such as frequent phone calls at all hours of the day, using abusive language, or contacting friends and family members. This is not legal, and can be punishable by law, but proof of harassment is usually required. This can be harder to come by unless one is able to videotape or record the harassment, which is also illegal in some places without the individual's knowledge. There are certain things individuals can do to prevent credit card harassment if debt collection is occurring; communicating with the creditor and requesting, in writing, that the harassment cease is one of the most effective ways.

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In general, if a credit card company is not yet ready to sue for an unpaid balance on a credit card that has gone past due and into collections, they will start by sending threatening letters and making phone calls. These will usually be a daily occurrence, which is typically not considered credit card harassment in and of itself. Instead, the harassment begins if the tone of the phone calls or emails becomes abusive or offensive; for instance, if the creditor uses inappropriate language or name-calling. It is also considered harassment if the phone calls come to one's workplace, to one's family or friends, or typically outside of the hours of 8 a.m. and 9 p.m. Some collectors will also attempt to contact family members or coworkers and spread misinformation in an attempt to get the individual to pay.

Certain credit card companies will also try to add additional charges to an unpaid balance. In some cases, these may be interest charges, and this is generally completely legal, though others may try to place additional fees on the account. It is important to be aware of what is happening and to read through the credit agreement thoroughly to ensure that the credit card company is not doing something beyond its legal rights.

Sometimes, simply communicating with the credit card company, and attempting to explain the situation and settle the debt out of court can be an effective way to stop credit card harassment. A written letter to the debt collection company requesting that all communication take place over the mail rather than the phone, or that communication stop altogether, can also stop credit card harassment. In most cases the collection agency is still free to contact the borrower to inform them that a lawsuit will be following.

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Rotergirl
Post 2

I got all up in some dude's grill when he called at 7 a.m. on a Sunday morning about me being five days late on a $30 credit card payment. Really?

The guy was obviously not from the U.S. and I let him have it about violating federal law. The next day, I sent a letter to the company, informing them that their little caller violated the law, and that the 9 a.m.-9 p.m. on weekdays applied to the customer's place of residence, not the call center's. They sent me a $25 gift card.

Pippinwhite
Post 1

In the U.S., the Fair Debt Collection Practices Act makes it illegal for credit card companies to engage in some of these harassing practices. The person who is being harassed needs to look up the Act online -- it's everywhere -- and find the relevant paragraphs, and in a *written* letter, sent via US Mail, to the credit manager at the company, cite the sections and paragraphs and show how the company violated the Act.

The letter should be brief, polite and to the point, and should note that a copy has been sent to the Attorneys General in the customer's state of residence, the state where the company is incorporated and to the Federal Trade Commission. That will often stop the foolishness.

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