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Can debt collectors use profanity or abusive language?

On Behalf of | Oct 10, 2024 | Collections Defense, Fair Credit Reporting Act Issues

When the phone rings and it is a debt collector, the conversation can quickly become uncomfortable. What happens when their language turns abusive or profane? No one should have to endure verbal abuse, especially when already confronting financial challenges.

The law protects you from illegal debt collection practices

Abusive language includes any words or phrases meant to intimidate or harass. Here are some examples:

  • Profanity or swear words
  • Insults or name-calling
  • Threats of violence or harm
  • Shaming you for your debt
  • Using racial or ethnic slurs
  • Making false accusations

The Fair Debt Collection Practices Act (FDCPA) and the Illinois Collection Agency Act (ICAA) restrict debt collectors on how they can communicate with you. Under these laws, they cannot use obscene, profane or abusive language and threats of violence or harm to a person’s reputation or property to collect debt.

It is important to note that while debt collectors cannot use abusive language, they can still attempt to collect a legitimate debt. They must do so within the bounds of the law. For example, they can call you between 8 a.m. and 9 p.m. but cannot contact you at work if you have told them not to.

If a debt collector, however, engages in any unfair practices, they may be violating both federal and state laws. You do not have to tolerate these behaviors.

Securing legal protection and your peace of mind

If you are contending with harassment from debt collectors, it is crucial to document all interactions. Keep a log of phone calls, save voicemails and hold onto any written communications.

The evidence you collect can be vital if you need legal action. An Illinois attorney can help you stop the harassment and potentially even pursue compensation for the harm you have suffered.