Charleston Family Sues Debt Collector for Calling Their Workplace 12 Times a Day
A Charleston family is suing a debt collection agency for calling their workplace and relatives multiple times daily, violating the FDCPA. David Traywick explains what the law prohibits and the damages available to victims.
Informational purposes only. This article discusses a recent news event and does not constitute legal advice. Every case is different — contact Traywick Law Offices for a free evaluation.
The Incident
In a troubling case that highlights the aggressive tactics of some debt collection agencies, a Charleston family has filed a lawsuit against a debt collector for repeated harassment. According to the complaint, the agency allegedly called the family’s workplace up to 12 times a day and even reached out to their relatives in an attempt to collect a debt. These actions caused significant embarrassment, stress, and disruption to their daily lives.
The family claims that the debt collector’s behavior violated federal and state laws designed to protect consumers from harassment. The lawsuit seeks damages for emotional distress, lost wages due to workplace disruptions, and statutory penalties under the Fair Debt Collection Practices Act (FDCPA).
What South Carolina Law Says
South Carolina law, in conjunction with the FDCPA, prohibits debt collectors from engaging in abusive, deceptive, or unfair practices. Specifically, the FDCPA (15 U.S.C. § 1692c) restricts debt collectors from contacting third parties, such as relatives or coworkers, except for limited purposes like obtaining location information. Continuous calls to a workplace are also prohibited if the collector knows or has reason to know that such calls are not allowed by the employer.
Under South Carolina Code § 37-5-108, consumers are further protected from harassment and unconscionable debt collection practices. Violations of these laws can result in statutory damages, actual damages, and attorney’s fees. The Charleston family’s case appears to fall squarely within these protections, given the frequency and nature of the calls.
Your Rights and Options
If you’re facing similar harassment from a debt collector, the first step is to document the calls. Keep a detailed log of the dates, times, and content of each interaction. If the calls are coming to your workplace, notify your employer and request written confirmation that such calls are prohibited.
You also have the right to send a written cease-and-desist letter to the debt collector, instructing them to stop contacting you. Under the FDCPA, once the collector receives this letter, they must cease communication except to notify you of legal actions. If the harassment continues, you may be entitled to sue for damages.
Consulting an experienced debt collection defense attorney is crucial. An attorney can evaluate your case, help you gather evidence, and file a lawsuit if necessary to protect your rights.
What I Look For When Evaluating These Cases
When assessing debt collection harassment cases, I focus on the extent and nature of the harassment. Evidence such as call logs, voicemail recordings, and witness statements from coworkers or relatives strengthens the case. I also look at whether the collector violated specific provisions of the FDCPA or South Carolina law, such as contacting third parties or making excessive calls.
A strong case often includes clear documentation of emotional distress or financial harm caused by the harassment. These factors can significantly impact the damages awarded.
How Insurance Companies Will Fight Back
Debt collectors and their insurers often argue that their actions were within legal bounds or that the calls were necessary to collect the debt. They may dispute the number of calls or claim that the consumer consented to workplace contact. Some may even attempt to shift blame onto the debtor, alleging that the harassment resulted from unpaid obligations.
However, with thorough evidence and legal expertise, these defenses can often be overcome, particularly when the violations are egregious.
Related Practice Areas at Traywick Law Offices
At Traywick Law Offices, we handle cases involving debt collection harassment, consumer fraud, and credit report errors. Learn more about our practice areas by visiting:
My Final Thoughts
As a Charleston attorney, I’ve seen firsthand how debt collection harassment can disrupt lives and cause lasting harm. This case underscores the importance of holding collectors accountable for illegal practices. If you or someone you know is facing similar harassment, don’t hesitate to explore your legal options. Protecting your rights is not just about stopping the calls—it’s about reclaiming your peace of mind.
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