Dealing with debt is stressful enough without the added burden of relentless creditor harassment. In Wisconsin, you have rights, and knowing them is the first step to protecting yourself. This blog post will guide you through recognizing and addressing creditor harassment in the Badger State.

Understanding Creditor Harassment

Creditor harassment isn't just annoying; it's often illegal. Both federal and state laws protect you from abusive debt collection practices. Common forms of harassment include:

• Frequent or Late-Night Calls: Repeated calls, especially outside of reasonable hours (generally 8 a.m. to 9 p.m.), are a red flag.
• Threats and Intimidation: Any threats of violence, arrest, or harm are unacceptable.
• False Statements: Creditors cannot lie about the amount owed, the legal consequences of non-payment, or their authority.
• Contacting Third Parties: Disclosing your debt to your employer, family, or neighbors without your permission is generally prohibited.
• Obscene or Abusive Language: Using profanity or insults is a clear violation.
• Failure to Identify Themselves: Creditors must clearly identify themselves and the company they represent.
• Continuing Contact After a Written Cease and Desist: After you send a written cease and desist letter, with very few exceptions, they must stop contacting you.

Your Rights in Wisconsin

Wisconsin consumers have protections under both the federal Fair Debt Collection Practices Act (FDCPA) and the Wisconsin Consumer Act (WCA). These laws provide specific guidelines for debt collectors.

• Fair Debt Collection Practices Act (FDCPA): This federal law applies to third-party debt collectors and outlines prohibited practices.
• Wisconsin Consumer Act (WCA): This state law provides additional protections for consumers in credit transactions within Wisconsin, often offering stronger safeguards than the FDCPA.

Steps to Take When Facing Harassment

1. Document Everything: Keep detailed records of every interaction with the creditor. Note the date, time, name of the caller, and the content of the conversation. Save any letters, emails, or voicemails.
2. Know Your Rights: Familiarize yourself with the FDCPA and the WCA. Understanding your rights empowers you to take action.
3. Send a Cease and Desist Letter: If the harassment persists, send a written cease and desist letter via certified mail with return receipt requested. This provides proof that the creditor received your request.
   • This letter should clearly state that you demand they stop all communication with you.
4. Seek Legal Counsel: If the harassment is severe or you believe the creditor has violated the law, consult with a Wisconsin attorney specializing in consumer protection. They can advise you on your legal options and represent you in court.

Key Wisconsin Considerations:

• The WCA provides important protections for Wisconsin residents. Make sure any legal counsel you seek is familiar with this state law.
• Wisconsin courts take consumer protection seriously. Documenting harassment is very important for any legal action.

Don't Suffer in Silence

Creditor harassment is unacceptable. You have the right to be treated with respect. By understanding your rights and taking appropriate action, you can put an end to the harassment and protect your financial well-being.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.