Brad Davidzik, an attorney with Jeffrey Freedman Attorneys at Law, won a settlement for a client who was suffering under harassment by a debt collection firm.

After hearing of similar harassment incidents from several clients who did not understand their rights under the Fair Debt Collection Practices Act (FDCPA), the firm has renewed its focus on this practice area.

"This client received a series of voicemails left on a cell phone that threatened the person would have to appear in Erie County Court the very next day if they did not contact the collection agency and settle the debt that evening," Davidzik said. "This was blatantly untrue. In today's world, debtors do not go to jail because they can't pay their bills."

The collection firm made a settlement offer within a month of the suit being filed, he said. Filing a suit forces the collector to stop making phone calls immediately.

"There are many collection agencies that use legitimate practices. However, there are a few who let greed take over their better judgment, who become very aggressive and completely disregard the rules," Davidzik said. "And unfortunately, debtors don't always know the rules, so they don't immediately recognize they are being harassed."

By law, collection agencies cannot call before 8 a.m. or after 9 p.m. They cannot call multiple times during a day, leave voicemail messages at a work number or continue to call a workplace if the debtor asks them not to call there because of privacy issues.

"They also cannot talk to relatives, friends or neighbors and tell them they are calling about a debt. And they must be truthful. If they say they are referring the claim to an attorney or they are calling the sheriff, they are lying," he said. "And they can't say that your only option is to transfer a debt to another credit line you might have available to you."

In written communications, it is against the law for creditors to use misleading or threatening language.

"We have many clients who are on Social Security Disability and who have collectors call to say their SSD is going to be garnished. That's not the case - SSD is untouchable," he said.

Settlements under FDCPA are generally not huge, he added, but the suit stops the harassment, helps the client pay back the debt they owe and sends a message to collection agencies they must stick to the letter of the law in their collection efforts.