You don’t have to endure persistent and harassing calls from Securian. The Fair Debt Collection Practices Act (FDCPA) shields consumers from abusive, deceptive, and unfair debt collection practices. Harassing calls are one of the many ways debt collectors attempt to pressure individuals, but they are illegal under the FDCPA. If Securian violates these laws, you may be entitled to statutory damages between $100 and $1,000, and you won’t have to pay legal fees out of your pocket because Securian would be held responsible for covering them.
At The Wood Law Firm, we protect your rights and stand up to debt collectors like Securian. We’re here to ensure that you’re free from debt collectors’ harassing tactics and you receive the compensation you deserve. If you’ve been on the receiving end of these abusive practices, it’s time to take action.
Understanding Harassing Calls Under the FDCPA
The FDCPA outlines several actions that qualify as harassment by debt collectors, including Securian. Below are the most common violations under the act:
1. Repeated and Excessive Calls
One of the primary ways debt collectors harass consumers is by making repeated calls. While the FDCPA doesn’t specify an exact number of calls that constitute harassment, we can consider a pattern of frequent, consecutive calls over a short period, abusive. For instance, if Securian calls you multiple times a day with the intent to annoy or pressure you, this likely falls under harassment.
If Securian contacts you without your permission, specifically before 8 a.m. or after 9 p.m. in your local time, they violate the FDCPA.
2. Use of Abusive Language and Threats
Abusive language is another common form of harassment used by debt collectors. Under the FDCPA, Securian or any other collector cannot use profane or obscene language when speaking to you. These threats or abusive statements create an atmosphere of intimidation, which is illegal.
Further, if debt collectors threaten you with actions they don’t intend to take, such as wage garnishment or property seizure, this violates the law. Any threats of violence, harm, or arrest are severe breaches of the FDCPA.
3. Misrepresenting Themselves
Debt collectors are legally required to disclose who they are and the purpose of their call. If Securian calls you and pretends to be someone else, such as a government official or an attorney, they are misrepresenting themselves, which is another form of harassment. They must clearly state that they are attempting to collect a debt, and failing to do so violates your rights under the FDCPA.
4. Contacting You at Work After Being Told Not To
Receiving debt collection calls at work can be stressful and disruptive. If Securian contacts you at your place of employment after you’ve informed them not to, or if they know that your employer prohibits such calls, they violate the FDCPA.
You can request that debt collectors stop calling you at work verbally or in writing. If Securian ignores this request, it’s essential to document these instances, as they are unlawful.
5. Ignoring Cease-and-Desist Requests
When you send a cease-and-desist letter to a debt collector, they must stop contacting you except to confirm they’ve received your request or to inform you of specific legal actions. Continuing to call you after receiving such a request directly violates the FDCPA. If Securian has ignored your cease-and-desist notice, it’s time to involve a legal professional to help enforce your rights.
6. Excessive Robocalls and Automated Messages
Robocalls are a frustrating and common tactic used by some debt collectors. While human-initiated calls are the primary focus of the FDCPA, repeated and excessive robocalls can also be considered harassment. If Securian uses robocalls or automated messages at inconvenient times or in excessive numbers, you have legal recourse under the FDCPA.
7. Contacting Third Parties
Debt collectors are limited in how they can communicate with third parties about your debt. They can only contact third parties, such as friends, family members, or employers, once to request contact information. If Securian discusses your debt with anyone other than you or continues to contact third parties without your permission, they violate your privacy and the FDCPA.
Also read: Titan Revenue Solutions Debt Collection Harassment
Protecting Your Rights as a Consumer
If Securian or any other debt collector is harassing you, taking action to protect your rights is vital. Here’s what you can do to defend yourself against these unlawful practices:
1. Document Every Call
Keep detailed records of every call you receive from Securian. Document the date, time, the name of the person who contacted you, and the nature of the conversation. This documentation will be invaluable if you file a complaint or take legal action.
2. Request Debt Validation
If you believe that the debt Securian is attempting to collect is not yours or is inaccurate, you have the right to request validation of the debt in writing. This forces them to provide proof of the debt before they can continue their collection efforts. Until they give this information, they must stop all collection activities.
3. Send a Cease-and-Desist Letter
If Securian’s harassment persists, you can send them a cease-and-desist letter. This legally requires them to stop contacting you. Once they’ve received this written notice, they can only contact you to confirm they will stop or inform you of any legal actions they intend to take. Continuing to contact you after receiving the letter is illegal under the FDCPA.
4. File a Complaint with Regulatory Agencies
Suppose you believe Securian is violating your rights. In that case, you can file a formal complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general. These agencies have the authority to investigate the debt collector’s actions and impose penalties if they are found to be breaking the law.
5. Seek Legal Representation
If the harassment from Securian is severe or ongoing, you should consider consulting with an attorney specializing in debt collection law. The Wood Law Firm can help you explore your legal options, including filing a lawsuit against Securian. If successful, you could be awarded statutory damages up to $1,000, actual damages, and Securian will cover your attorney’s fees.
Also read: Jefferson Capital Systems Debt Collection Harassment
Legal Remedies Available against Securian Debt Collection Harassment
When dealing with debt collection harassment, consumers can pursue several legal remedies to protect their rights and seek compensation. Understanding these remedies can help you take appropriate action if you face harassment from debt collectors like Securian.
1. Statutory Damages:
Under the FDCPA, consumers subjected to abusive debt collection practices can seek statutory damages. These damages are set by law and range from $100 to $1,000 per violation. Statutory damages are awarded regardless of whether the consumer can prove actual financial harm or emotional distress. This provision serves as a deterrent to debt collectors and compensates for violating consumer rights.
2. Actual Damages:
In addition to statutory damages, consumers may be entitled to actual damages. Actual damages compensate for any real harm caused by the debt collector’s actions. This can include emotional distress, lost wages due to time spent dealing with the harassment, and medical expenses incurred as a result of the stress caused by the abusive practices. To claim actual damages, you must provide evidence of the harm suffered due to the debt collector’s conduct.
3. Attorney’s Fees and Legal Costs:
The FDCPA provides that if you win a lawsuit against a debt collector, the collector is responsible for paying your attorney’s fees and legal costs. This means you won’t have to cover these expenses out of your pocket. The Wood Law Firm will handle the legal aspects of your case and ensure that the debt collector covers all associated costs if they are found to violate the law.
4. Filing a Complaint:
Before pursuing legal action, you can file a complaint with regulatory agencies such as the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general. These agencies investigate consumer complaints and can take enforcement actions against debt collectors who violate the FDCPA. Filing a complaint can also be a preliminary step in gathering evidence and building your case.
5. Legal Action:
If the harassment persists or is severe, you may consider filing a lawsuit against the debt collector. The legal process involves submitting a complaint to the court, presenting evidence of the violations, and seeking damages. The Wood Law Firm can guide you through this process, represent you in court, and help you achieve a favorable outcome. If successful, you may receive statutory damages, actual damages, and reimbursement for attorney’s fees and legal costs.
By exploring these legal remedies, you can take control of the situation and seek justice for the harassment you have endured. The Wood Law Firm is here to assist you in navigating the legal process and protect your rights.
Also read: Global Resolution Center Debt Collection Harassment
Why You Should Contact The Wood Law Firm
The Wood Law Firm represents clients harassed by debt collectors like Securian. We understand the stress and anxiety that come with constant, harassing phone calls, and we’re here to ensure you’re treated fairly. Our team will work diligently to hold Securian accountable for their actions and help you pursue the compensation you deserve.
Remember, you have rights under the FDCPA and don’t have to tolerate abusive debt-collection practices. If Securian is harassing you, The Wood Law Firm can take immediate legal action on your behalf, and you won’t pay anything out of pocket. Debt collectors like Securian are responsible for covering attorney’s fees when they break the law.
Also read: Prince Parker & Associates Phone Harassment
How to Stop Securian Harassment Now
You don’t have to face Securian’s harassing calls alone. The Wood Law Firm is here to help you end their illegal tactics. By contacting us, you’ll take the first step toward reclaiming your peace of mind and enforcing your rights under the FDCPA.
If you’d like to learn more about how to stop Securian’s harassing calls, contact The Wood Law Firm today at +1 844-638-1122 for immediate assistance. Don’t wait until the harassment becomes unbearable—act now to protect your rights and receive the compensation you may be entitled to under the law.
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