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Stop Debt Collector Harassment in Medford: Know Your Rights
It can be a frightening and frustrating experience to deal with debt collectors. The frequent calls, threatening letters, and other aggressive methods debt collectors employ overwhelm a lot of people. However, understanding debt collection laws in Medford can equip you to stand up against harassment and protect your rights.
In Medford, Oregon, both federal and state laws provide strong protections for consumers, and knowing these laws is the first step toward stopping abusive practices.
Quick Summary:

• Understanding federal and Oregon-specific laws, like the FDCPA & TCPA, helps protect you from harassment and illegal practices by debt collectors. These laws set strict rules on when and how collectors can contact you, such as prohibiting calls at unreasonable hours or using abusive language. 
• Knowing common violations, like repeated calls or false threats, enables you to identify when a collector is breaking the law. Documentation of these violations is vital if you need to report the behavior or take legal action.
• You can stop harassment by documenting all communications, requesting debt validation, and sending a cease and desist letter. If harassment continues, filing a complaint with agencies like the CFPB can hold collectors accountable. 
• A lawyer can provide knowledge, negotiate on your behalf, and handle all communication with collectors, offering you peace of mind. They can also defend you in lawsuits, challenge debt validity, and help recover damages for violations of your rights. 

What is Debt Collector Harassment?
Debt collector harassment occurs when debt collectors engage in abusive, unfair, or deceptive practices that violate federal and state laws. Common forms of harassment include repeated or excessive calls, using threatening or abusive language, making false threats of legal action, and misrepresenting the debt or their authority. 
What are Debt Collection Laws in Medford? 
In Medford, residents are protected not only by the federal Fair Debt Collection Practices Act (FDCPA) but also by Oregon state laws, which offer additional safeguards, such as prohibiting collectors from contacting an employer about a debt except in specific circumstances. 
These protections help ensure that consumers are not subjected to undue stress and intimidation from debt collectors. If harassment occurs, consumers can take action by documenting violations, requesting debt validation, or filing complaints with regulatory agencies like the Consumer Financial Protection Bureau (CFPB) or the Oregon Department of Justice.
Understanding Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act Claims (TCPA)
The FDCPA is a federal law that sets strict guidelines for what debt collectors can and cannot do. These rules are designed to protect consumers from unfair, deceptive, and abusive practices. For instance, collectors are restricted from calling at unreasonable hours, using abusive language, or making false threats, such as threatening legal actions they cannot take.
On the other hand, the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., is a federal consumer protection statute that forbids some marketing and collecting calls. Specifically, the Act prohibits unwanted autodialer calls or automated text messages to cell phones without the consumer’s prior consent.
Here are some key points of the FDCPA that every consumer should know:
Prohibited Practice
Debt collectors must adhere to specific guidelines that prohibit them from engaging in abusive or harassing behavior. This includes using profane or threatening language, repeatedly calling to annoy or intimidate, and making threats of actions they cannot legally take, such as threatening arrest or legal action without intent or ability to follow through.
Furthermore, collectors are not allowed to get in touch with you during arbitrary hours, such as before 8 a.m. or after 9 p.m., if you haven’t given them permission to. These protections are in place to prevent collectors from causing undue stress and invading your time.
Cease and Desist
If you are being harassed by a debt collector, you have the right to request that they stop contacting you through a cease and desist letter. Once a collector receives this written request, they are legally obligated to cease communication, except to notify you of their intention to take a specific action, like filing a lawsuit, or to confirm that they will no longer contact you. 
This can provide immediate relief from the stress and disruption caused by constant calls and letters, allowing you to regain control over your personal space and time.
Validation of Debt
Under the FDCPA, you have the right to request validation of the debt, which is an important step in verifying the legitimacy of the collector’s claims. When you request debt validation, the collector must provide documentation that shows the debt is yours, the amount is correct, and that they have the legal authority to collect it. 
This process helps protect you from paying debts that are not yours, are incorrectly stated, or are past the statute of limitations. If the collector cannot validate the debt, they must cease collection efforts, providing you with additional protection against erroneous or fraudulent claims.
Recognizing Common Violations by Debt Collectors
Understanding the law also means knowing when a debt collector is stepping over the line. Knowing your rights is essential. Here are some common violations:

• Repeated or Continuous Calls: Debt collectors are prohibited from making repeated or continuous calls intended to annoy, abuse, or harass you. This means they cannot call you repeatedly in a short period of time or at inconvenient times to pressure you into paying a debt.  

Excessive calling not only violates the FDCPA but also creates an intimidating environment that can cause significant stress and anxiety for consumers. Understanding that such behavior is illegal encourages you to take action, such as documenting these calls and reporting the collector for harassment.

• False Threats: Debt collectors are prohibited from making repeated or continuous calls intended to annoy, abuse, or harass you. Therefore, they should not call you multiple times in a short period or at inconvenient times to pressure you into paying a debt.  

Excessive calling not only violates the FDCPA but also creates an intimidating environment that can cause significant stress and anxiety for consumers. Understanding that such behavior is illegal can help you to take action, such as documenting these calls and reporting the collector for harassment.

• Misrepresentation: Debt collectors are required to be truthful about their identity, the nature of the debt, and their legal right to collect it. Misrepresentation can take many forms, such as inflating the amount owed, falsely claiming to be a lawyer, or pretending to represent a government agency. 

These deceptive practices are intended to create a sense of urgency or fear, compelling you to pay without question. Being aware that misrepresentation is a violation of the FDCPA helps you challenge incorrect or deceptive claims and protects you from being misled or coerced into paying unfairly. 
Actions to Take In Case You Are Being Harassed
If you believe a debt collector is harassing you or violating your rights, there are important actions you can take. You can report the harassment and protect yourself by understanding your legal rights and taking appropriate steps.

1. Document Everything: Keep records of all communications, including the date, time, and content of calls or letters. Documentation is necessary if you need to file a complaint or take legal action.
2. Request Debt Validation: Send a written request for validation of the debt. Collectors must stop contacting you until they provide proof that the debt is valid.
3. Send a Cease and Desist Letter: If the harassment continues, you can send a written cease and desist letter instructing the collector to stop contacting you.
4. File a Complaint: You can file a complaint with the CFPB, the Federal Trade Commission (FTC), or your state attorney general’s office if the collector continues to violate the law.

Stop Debt Collector Harassment: Contact our Oregon Attorney Now!
Understanding debt collection laws in Medford is your first line of defense against harassment from collectors. Knowing your rights can enable you to stop abusive practices and take control of your financial situation. However, when the harassment persists or the legal complexities become overwhelming, hiring an Oregon bankruptcy lawyer from Northwest Debt Relief Law Firm can make a major difference. 
Legal representation not only provides peace of mind but also ensures that your rights are vigorously protected, whether through negotiation, defense in court, or pursuing damages against unlawful collectors. 
If you’re facing harassment from debt collectors in Medford or thinking of filing bankruptcy, don’t hesitate to seek legal help. Take the first step to an investment in your financial and personal well-being. Contact Northwest Debt Relief Law Firm now for a free debt solution consultation!

Bankruptcy Boom: Why More Young Adults Are Drowning in Debt! Forbes has a very interesting and informative article about young adults, debt and surging bankruptcy filings by young people. The article can be found at https://www.forbes.com/advisor/debt-relief/bankruptcies-on-the-rise-gen-z-millennial-debt/At Shenwick & Associates we can confirm that many young people are filing for Bankruptcy.
Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe help individuals & businesses with too much debt!

 
As many of our readers
are aware, Jim Shenwick, Esq., a New York State licensed Bankruptcy attorney
with extensive crypto experience, is representing numerous Celsius customers
who have been sued in preference claw back adversary proceedings.

 One of the most
frequent questions we receive is whether clients should settle with Celsius or
defend against the litigation. In this post, we'll explore why settling might
be the better option for most defendants.

 Why Settlement May
Be Preferable

 1. Legal Basis: While
many clients believe these lawsuits are baseless or unfair, Section 547 of the
Bankruptcy Code actually permits a debtor to file preference claw back actions.
Our law firm has defended these actions across various industries, including
retail, jewelry, garment, and crypto.

 2. Cost of Defense:
Defending against these actions can be expensive. Costs include:

   - Retaining an experienced attorney

   - Participating in mediation (paying half
the cost)

   - Engaging in discovery with the debtor

   - Potentially going to trial before a
bankruptcy judge

 3. Time and Resources:
These cases are often difficult and time-consuming to defend. Legal fees,
mediation costs, and expert witness fees can range from $25,000 to $100,000.
The process could take up to three years to reach trial.

 4. Limited Defenses:
Common defenses in preference cases include:

   - "Ordinary course of business":
This defense typically does not apply in crypto cases where most parties
invested and withdrew funds in a single transaction.

   - "New value": This defense
requires that the customer bought more crypto from Celsius after their initial
withdrawal. We have not encountered this scenario in our cases.

 5. Untested Legal
Arguments: Some attorneys and consultants suggest defenses based on Sections
546(c) and 546(g) of the Bankruptcy Code. However, these defenses require a
judge to classify crypto as either a commodity, a security or a swap agreement..
While some government agencies such as SEC and the CFTC have taken these
positions, we are not aware of any bankruptcy case that has made such a
determination.

 The Case for Early
Settlement

 1. Favorable Terms: In
our experience, earlier settlements in preference litigation often come with
more favorable terms for defendants.

 2. Avoiding Escalating
Costs for Both Parties: If the debtor is forced to litigate, try the case and
prevails, settlements after judgment are likely to be significantly more
expensive for defendants then pretrial settlements.

 3. Learning from
History: In the Madoff case, defendants who chose to litigate rather than
settle often ended up losing their cases, paying substantial legal fees and
expert witness fees, and having to pay the full judgment amount plus post judgment
interest of 9% per anum.

 Our Recommendation

While each case has its
unique facts, we generally recommend that Celsius defendants do the following:

 1. Hire an experienced
bankruptcy attorney with crypto knowledge.

2. Work towards
settling their cases as soon as possible and for the lowest amount achievable.

 Our firm has
represented many Celsius defendants and has successfully settled numerous cases
on favorable terms for our clients.

 Contact Information

 If you're a Celsius
defendant looking to discuss your lawsuit or explore settlement options, please
contact:

Jim Shenwick, Esq.

Email:
[email protected]

Phone: 917-363-3391

 To schedule a 15-minute
telephone consultation, please use this link: [Schedule a
Call](https://calendly.com/james-shenwick/15min)

Disclaimer: This blog
post is for informational purposes only and does not constitute legal advice.
Each case is unique, and you should consult with a qualified attorney to
discuss your specific situation.

Client Review below:" I contacted Jim seeking counsel as one of the 2000 defendants in the Celsius crypto bankruptcy clawback case. After a few short conversations with him, I quickly knew he was the right person for the job. Once the retainer was paid, Jim dropped everything and fully dedicated himself to my case. In just a matter of a few days, Jim had negotiated a very favorable settlement. I highly recommend Jim if you find yourself in a similar situation and are in need of representation"
My pleasure to help! Thanksfor the review. Jim