ABA Family Legal Guide

Personal Injury

Intentional Wrongs

We got behind on our bills and a bill collector has been stopping by and calling us day and night. The bill collector intimidates us, calls us names, and threatens to destroy our credit record. We are nervous wrecks. What may we do?

You may be able to make a case that the collector's conduct is a tort, the intentional infliction of mental distress. Courts recently have begun to recognize such actions as extreme and outrageous conduct that someone else intentionally inflicts on you. For you to recover damages, you must show more than hurt feelings. Without aggravating (intensifying) circumstances, most courts have not allowed recovery if the collector was merely profane, obscene, abusive, threatening, or insulting. The collector would need to have used outrageous and extreme high-pressure methods for a period of time.

If the collector touched you offensively without your consent, you might even want to consider adding claims for two other intentional torts--assault and battery.

You also might want to consider a case against the collector's employer. Just as employers are vicariously (indirectly) liable for the negligent acts of an employee, employers can be liable for the intentional acts of an employee. A court would need to determine whether the collector's particular conduct fell within the scope of his or her job. (See chapter 7, "Consumer Credit," for more information about debt collection and your rights.)