For those who owe a debt, it can be frustrating to receive continuous telephone calls from a debt collector. Fortunately, there are laws that protect consumers from repeated collections efforts by these agencies through the use of the telephone. The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) offer some protection to consumers regarding efforts certain agencies may make when collecting on a past commitment to a creditor. Additionally, consumers may use our FREE Cease and Desist Letter to stop phone calls from these agencies.
When Can Debt Collectors Call?
According to the guidelines set forth by the FDCPA, phone contact by collection agencies may only occur between the hours of 8am – 9pm by the consumer’s local time. They may also phone the individual at work unless that person notifies them that the boss does not allow these outside communications while the individual is at work. A debt collector may also make telephone contact one time after the receipt of a cease and desist letter from the consumer to notify the individual of any potential further action that might be taken against the unpaid balance. The agency is not allowed to phone the consumer repeatedly in an effort to annoy the individual.
How to Make Them Stop
After receiving an unwanted telephone contact from an agency, the individual may simply hang up the phone. A debt collector who continues to make phone contact after a hang-up may be violating the guidelines set forth in the FDCPA. If the If the collection agency makes telephone contact at a bad time, the individual may tell the agency this fact and offer a better time to call. The consumer may also request that the collector only contact that person by mail, though the agency does not have to follow through on this verbal request. As a final resort, a consumer may send the collection agency a cease and desist letter.
What if it’s Not My Debt?
There are times when the debt collector may have an outdated telephone number or simply the wrong number and call an individual regarding the debt of someone else. In these cases, it is best for the consumer to notify the agency of this. Alternately, the debt collector may be contacting a person regarding the debt of a friend or family member. In these cases, the agency is trying to obtain information and may only call the third party once. Any further calls are in violation of the law. In any of these cases, our FREE Cease and Desist letter may need to be sent to stop telephone contact from recurring.
Cease and Desist Letter
When all else fails, a consumer may stop telephone contact through the use of our FREE Cease and Desist letter. This letter should contain all pertinent demographic information and account information regarding the alleged debt. This letter should be sent by certified mail, return receipt requested so that the consumer will know that the letter has been received. The agency may make one final attempt by telephone to contact the consumer in regard to this specific debt, then further communication through the telephone will be in violation of the FDCPA and other consumer protection laws. It is important to note that once this letter has been received, this does not invalidate any legitimate debt by the consumer and does not prevent further collection efforts by the agency.
What if They Don’t Stop Calling?
The the agency continues to make telephone contact with the consumer once a Cease and Desist letter has been filed, the consumer may pursue legal remedies against the agency. The consumer might be able to collect money for each case where a debt collector makes an illegal contact. The individual should keep track of all unwanted telephone contact after the cease and desist letter and to report this information to the Federal Trade Commission and the consumer’s state Attorney General’s office.