Debt Collection Harassment and the FDCPA: What Charleston Consumers Can Do
Aggressive debt collectors violate federal law every day. Here is what the FDCPA forbids and how Charleston consumers fight back.
If a debt collector is calling you ten times a day, threatening jail, or refusing to identify itself, federal law is on your side. The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., prohibits a long list of abusive collection tactics and provides statutory damages, actual damages, and attorney's fees to consumers who sue and win.
What the FDCPA Forbids
The Act prohibits collectors from using abusive language, calling at unreasonable hours (before 8 a.m. or after 9 p.m.), calling repeatedly with intent to annoy, contacting third parties about the debt, contacting the consumer at work after being told the employer prohibits it, falsely threatening lawsuits or arrest, misrepresenting the amount or status of the debt, and falsely implying affiliation with a government agency.
Validation Rights Are Powerful
Within five days of first contact, a debt collector must send a written notice telling the consumer the amount of the debt, the creditor, and the consumer's right to dispute. If the consumer disputes the debt in writing within 30 days, collection efforts must stop until the collector verifies the debt. This validation tool routinely uncovers stale debts, mis-identified consumers, and inflated balances.
What 'Debt Collector' Actually Means
Under Henson v. Santander, the Supreme Court narrowed the definition: companies that buy and collect their own debts are not always FDCPA "debt collectors." That carved out part of the debt-buyer industry from the federal Act. South Carolina consumers still have remedies against those entities under state law and the federal Fair Credit Reporting Act when credit-reporting violations occur.
Statutory Damages and Attorney's Fees
An FDCPA violation entitles the consumer to actual damages, statutory damages up to $1,000 per case, and reasonable attorney's fees and costs. The fee-shifting provision is what makes private enforcement of the FDCPA realistic for ordinary Charleston consumers — collectors that lose pay the consumer's attorney directly.
Document Everything
Consumers should keep call logs, save voicemails, photograph caller ID screens, and preserve any letters or texts. That evidence is the difference between a collector denying the conduct and a federal court awarding damages.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston debt collection defense practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
Questions About Your Legal Rights?
David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.