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Protecting yourself from aggressive collection tactics

On Behalf of | Apr 29, 2024 | Merchant Cash Advances

Dealing with aggressive collection tactics after taking out a Merchant Cash Advance (MCA) can be a stressful experience. You may feel like you are under constant pressure, but it is important to remember that there are ways you can protect yourself.

Know your rights

Firstly, understand that while MCAs are not regulated like traditional loans, you still have rights. You have the right to:

  • Request proof of the debt
  • Dispute any inaccuracies
  • Receive detailed information about the amount owed

When you are facing aggressive collectors, it is crucial to stay organized and keep detailed records of all interactions with the debt collectors. Set boundaries by letting the debt collectors know how and when they can communicate with you. Review the terms of your MCA agreement carefully. Know the amount you owe, the repayment terms and any conditions that you might have overlooked initially.

Know the limitations of debt collectors

Debt collectors may not imply they have legal powers they do not possess, nor can they threaten you with actions they cannot legally take. The New York City Consumer Protection Law requires all debt collection agencies in NYC to hold a valid license and prohibits them from engaging in deceptive or unreasonable collection practices. For example, these agencies cannot:

  • Use abusive language or threats of violence
  • Call you repeatedly with the intent to harass
  • Misrepresent the amount you owe or the consequences of non-payment

If a collector engages in any of these behaviors, you have the right to demand that they stop. Make sure to document all instances of harassment or illegal behavior.

Know when to seek legal help

If collectors are harassing you or you are unsure about the legalities of their actions, you may want to consult with a lawyer who specializes in debt collection issues. They can intervene on your behalf and may even find that collectors have violated your rights, leading to possible defenses or counterclaims.

Even though an individual or agency immediately lent you money during a challenging time, it does not give them the right to take advantage of or harass you.