Introduction
When dealing with mortgage companies, it's not uncommon to receive frequent phone calls, especially if you're behind on your payments. However, there's a fine line between a legitimate attempt to collect a debt and harassment. In this article, we'll explore the laws surrounding mortgage companies' phone call practices, what constitutes harassment, and what you can do to protect yourself.
Understanding the Fair Debt Collection Practices Act (FDCPA)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs the behavior of third-party debt collectors, including those working for mortgage companies. This law prohibits debt collectors from engaging in abusive, deceptive, or unfair practices when attempting to collect a debt.
One of the key provisions of the FDCPA relates to harassment via phone calls. Under this law, debt collectors are prohibited from:
- Causing a telephone to ring repeatedly or continuously with the intent to annoy, abuse, or harass
- Using obscene or profane language
- Making threats of violence or harm
- Calling before 8 a.m. or after 9 p.m. (local time)
It's important to note that the FDCPA applies only to third-party debt collectors, not the original creditor (in this case, the mortgage company). However, many states have their own laws that regulate the behavior of original creditors, including mortgage companies.
Example of Harassment
Let's say you're behind on your mortgage payments, and the mortgage company starts calling you multiple times a day, even after you've asked them to stop. They use aggressive language and threaten to take legal action if you don't pay immediately. This behavior would likely violate the FDCPA or your state's consumer protection laws.
State Laws and Mortgage Company Conduct
In addition to the FDCPA, many states have their own laws that regulate the behavior of mortgage companies and other creditors. These laws often mirror the FDCPA but may provide additional protections or more specific guidelines.
For example, some states have laws that limit the number of times a creditor can call you in a given period, such as no more than three times per week. Other states prohibit creditors from calling you at work if you've asked them not to.
It's important to familiarize yourself with the laws in your state, as they may offer additional protections against harassment by mortgage companies.
Example of State Law Protection
In California, the Rosenthal Fair Debt Collection Practices Act prohibits debt collectors, including mortgage companies, from engaging in abusive or deceptive practices. This includes making repeated phone calls with the intent to annoy or harass, as well as using obscene language or making threats of violence.
What Constitutes Harassment?
While the laws provide some guidelines, determining whether a mortgage company's phone call practices constitute harassment can be subjective. Here are some factors that may indicate harassment:
- Calling multiple times per day, every day
- Calling at unreasonable hours (before 8 a.m. or after 9 p.m.)
- Using profane or abusive language
- Making threats of legal action or other consequences
- Continuing to call after you've asked them to stop or to communicate in writing only
It's important to remember that occasional phone calls from a mortgage company, especially if you're behind on payments, are generally not considered harassment. However, if the calls become excessive, abusive, or threatening, you may have grounds to take action.
What to Do If You're Being Harassed
If you believe a mortgage company is harassing you with phone calls, there are several steps you can take:
-
Keep Records: Document every phone call, including the date, time, and a brief summary of what was said. This will help establish a pattern of harassment.
-
Send a Cease and Desist Letter: Send a written letter to the mortgage company, clearly stating that you want all communication to stop immediately. Be sure to include a statement that you dispute the debt and request validation of the debt if applicable.
-
File a Complaint: If the harassment continues after sending a cease and desist letter, you can file a complaint with your state's consumer protection agency or the Consumer Financial Protection Bureau (CFPB).
-
Consult an Attorney: If the harassment persists, you may want to consult an attorney to explore your legal options, including potential lawsuits or injunctions against the mortgage company.
Remember, you have the right to be treated with respect and dignity, even if you owe money. No mortgage company should engage in abusive or harassing behavior.
Conclusion
While mortgage companies have the right to attempt to collect legitimate debts, there are laws in place to protect consumers from harassment and abusive practices. If a mortgage company is repeatedly calling you in an excessive, threatening, or abusive manner, you may have grounds to take legal action.
It's essential to understand your rights under the Fair Debt Collection Practices Act, as well as any applicable state laws. Keep detailed records of any potentially harassing behavior, send a cease and desist letter, and don't hesitate to file complaints or seek legal counsel if the harassment continues.
By being proactive and asserting your rights, you can put an end to harassing phone calls from mortgage companies and regain your peace of mind.