If so, that debt collector could be liable under the Federal Debt Collection Practices Act (FDCPA). Earlier in April, the federal District Court for the Eastern District of Michigan held that when a debt collector accuses a debtor of lying during a telephone call, a claim can be made under the harassment and abuse provisions of the FDCPA.
In Summers v. Merchants & Medical Credit Corp, the plaintiff alleged that a debt collector accused her of being dishonest and lying about her occupation. The plaintiff also alleged that the collector threatened to turn her account over to an attorney if she did not pay. Defendants filed a motion to dismiss for failure to state a claim. District Judge Terrence G. Berg denied the motion, noting “some courts have found that calling a debtor a ‘liar’ could make a claim for harassment.”
If you are receiving harassing calls from debt collectors, contact a debt settlement attorney who understands your rights under the FDCPA and can protect you from harassment.
Kevin Fallon McCarthy
Latest posts by Kevin Fallon McCarthy (see all)
- Public Servants’ Second Chance at Federal Student Loan Forgiveness - April 10, 2018
- CREDIT CARD LOSS FOR SMALL BANKS AT AN EIGHT YEAR HIGH - March 22, 2018
- Rise of the Jumbo Student Loans - March 17, 2018
- Credit Card Market: Now and Then - February 23, 2018
- Make Your Credit Cards Work for You - January 23, 2018