Is there any laws protecting me from first party collections harassment?

Question

They come to my house at all times of the day and night, look in my windows, talk to my children and have told my neighbors about my bill. I know that they are not covered by FDCPA because they are in house finace ... what do I do? I cannot leave my house anymore because they follow me around every where. I have tried to make payments to them but they refuse saying I have to pay the entire balance due and they will not take partial payments. I do not have enough money to pay it in full. I dont know what to do anymore. I do not have money to hire an attorney.

Answer 1

There are a few states that have modified their own collection laws to include the original creditors.  You don't say what state you live in so I can't research this for you.

But you are right....most states do not regulate the original creditor, and they do tend to become extremely abusive.  All you can do is try to ignore them.

Answer 2

the Fair Debt Collection Practices Act DOES NOT apply to major credit card banks?   It applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.

Report the credit card issuer to the Comptroller of the Currency.  Phone number is 202-874-4700.

Report the company to your state's attorney general's office. You can find links to your state's AG website at naag.org.  Your state might allow you to file a complaint online.  This is probably the most effective complaint to make as it is the attorney general's who have filed most of the lawsuits against credit card companies.  For example, it was the California AG who sued Providian and forced them to pay the largest judgment against a credit card company ever.

Report the company to the Better Business Bureau. Submit your case for dispute resolution online at www.bbb.org.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

Answer 3

Contact the Consumer Affairs Office of the State Attorney General.  They will be able to assist.