Unfair Debt Collection
Protecting Consumers from Abusive Collection Tactics
Owing money is stressful enough. Add aggressive debt collectors into the mix, and the pressure can feel overwhelming. Harassing phone calls, intimidating letters, and even threats of lawsuits or arrest are tactics some debt collectors use to force payments. These practices are not only unfair, they are illegal.
Debt collectors must follow strict laws when attempting to recover money. When they cross the line into harassment, misrepresentation, or intimidation, they violate consumer protection statutes. At Malk & Pogo Law Group, we fight back against abusive debt collection practices. Our attorneys are committed to protecting your rights and ensuring that debt collectors are held accountable for their misconduct.
What Is Unfair Debt Collection?
Unfair debt collection refers to abusive, deceptive, or harassing tactics used by creditors or third-party collection agencies to pressure individuals into paying debts. While collectors have the right to pursue legitimate debts, they must do so within the boundaries of the law.
Common Unfair Collection Tactics Include:
- Calling repeatedly at unreasonable hours
- Threatening legal action they cannot take
- Using abusive or profane language
- Contacting friends, family, or employers about the debt
- Misrepresenting the amount owed
- Claiming you can be arrested for not paying
- Failing to validate or provide documentation of the debt
These actions create fear and confusion, leaving consumers vulnerable. Fortunately, the law provides strong protections.
Your Rights Under Debt Collection Laws
Both federal and California laws limit how collectors can pursue debts.
The Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law that prohibits abusive debt collection practices. It applies to third-party collectors, such as agencies collecting on behalf of creditors. Key protections include:
- No calls before 8 a.m. or after 9 p.m. without consent
- No threats, harassment, or abusive language
- No false statements or misrepresentation of the debt
- No disclosure of your debt to third parties
- Right to request written verification of the debt
The Rosenthal Fair Debt Collection Practices Act (California Law)
California expands these protections with the Rosenthal Act. It applies not only to third-party collectors but also to original creditors. In other words, even the company you originally owed money to must follow fair collection practices in California.
Together, these laws ensure that consumers are treated fairly and with dignity, even when debts are owed.
How Abusive Collection Harms Consumers
Emotional Stress
Constant phone calls, threatening letters, and intimidation take a heavy emotional toll. Many consumers report anxiety, loss of sleep, and even depression due to collection harassment.
Financial Harm
Collectors may pressure consumers into paying debts they do not owe, or into making payments they cannot afford. This can worsen financial hardship instead of resolving it.
Damage to Reputation
When debt collectors contact friends, family, or employers, it can cause embarrassment and harm personal and professional relationships.
False Information
Some collectors misrepresent the amount owed or the consequences of nonpayment, leading consumers to make decisions based on false information.
Examples of Abusive Debt Collection
- A collection agency threatening to have a consumer arrested if payment is not made immediately.
- Repeated phone calls to a workplace after the consumer requested they stop.
- Collectors claiming a consumer owes more than they actually do.
- Agencies pursuing time-barred debts (debts that are too old to collect under the law) without disclosing that fact.
- Debt collectors telling a consumer’s relatives about the debt, creating embarrassment and pressure.
Each of these actions violates consumer protection laws and gives rise to potential legal claims.
When You May Have a Claim
You may have a valid legal claim if:
- Debt collectors have harassed you with repeated calls or letters.
- You have received threats of lawsuits, garnishments, or arrest that are not legally possible.
- A collector misrepresented the amount you owe.
- A collector contacted your family, friends, or employer about the debt.
- You requested verification of the debt but were not provided documentation.
- You were pressured into paying a debt you do not owe.
Even if you owe money, you still have rights. Debt collectors cannot abuse or mislead you in their attempts to collect.
How Malk & Pogo Law Group Helps
At Malk & Pogo, we understand how stressful debt collection harassment can be. Our attorneys work tirelessly to protect consumers and hold abusive collectors accountable.
Here’s how we help:
- Investigating debt collection practices to identify legal violations
- Demanding debt collectors stop unlawful behavior
- Pursuing damages for harassment and emotional distress
- Fighting back against attempts to collect invalid or time-barred debts
- Ensuring that consumer rights are fully enforced under federal and California law
We handle these cases on a contingency fee basis — meaning you pay nothing unless we win compensation for you.
What To Do If You’re Facing Debt Collection Harassment
If you are being harassed by debt collectors:
- Keep records of all communications, including calls, voicemails, and letters.
- Request written verification of the debt.
- Do not make payments on debts you are not sure are valid.
- Inform collectors in writing if you want them to stop contacting you.
- Contact an experienced attorney to review your rights.
The law gives you the right to stop harassment, but enforcing those rights often requires legal action.
Why Choose Malk & Pogo
- Experienced in consumer protection law
- Deep knowledge of both federal and California debt collection regulations
- Proven ability to stand up against large debt collection agencies
- Personalized service for every client
- No fees unless we win your case
We believe consumers deserve dignity and fairness, regardless of their financial circumstances.
Protecting Consumers from Abusive Collection
Debt collectors cannot be allowed to intimidate or deceive consumers. If you are receiving harassing calls, threats, or misleading statements, you are not alone — and you have legal protections.
At Malk & Pogo Law Group, we fight back against unfair debt collection. Our mission is to protect your rights, stop the harassment, and hold abusive collectors accountable.
If you are facing harassment from debt collectors, call us today for a free consultation. We don’t get paid unless we win your case.