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Ask Susan Responses
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Collections: Harassment |
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More Ask Susan |
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I' m having a problem with a credit card company. I'm behind 50 days with a payment. I spoke to customer service and explained my situation but I still keep geting phone calls, about five times a day. Someone told me that there is a law that says you can tell them to stop calling. Is it true? -Gilbert |
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Gilbert,
You can write to this collection agency demanding they not contact you anymore about this account. The Federal "Fair Debt Collection Practices Act" (FDCPA) states, "If a consumer notifies a debt collector in writing that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except - (1) advise the consumer that the debt collector's further efforts are being terminated; (2) notify that specific remedies may be invoked; (3) that the debt collector or creditor intends to invoke a specified remedy." This is quoting directly from the FDCPA. Make sure, in your letter, you mention you are aware of this federal law and this provision of the law. If you have questions about this Act, call the Federal Trade Commission's Consumer Response Center at 877-382-4357. Be sure to send your letter to this collection agency by certified mail, return receipt requested so you have proof they received your "cease and desist" letter.
Please keep in mind that this does not mean that you do not owe the debt and it will not stop the creditor from pursuing further collection efforts.
The Advice Team |
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Is there a law against creditor harrassment by phone? -Jeri |
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Jeri,
Yes, there are laws to protect consumers from harassment. For example, debt collectors may not: use threats of violence or harm; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; or repeatedly use the telephone to annoy someone.
However, what actually constitutes harassment would be up to the courts to decide, if you chose to sue a creditor for harassment. Some courts might feel what this creditor/collector has done is harassment while another court would consider those collection tactics a routine collection practice.
I recommend you visit www.ftc.gov. There, you can read the Fair Debt Collection Practices Act. It is located in the 'credit' category of the 'consumer protection' section.
The Advice Team |
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Is there any law that I can reference to get collectors to stop calling me on Sundays and late at night? I have already set up payment plan with the collector. Can you give me some insight on this problem? -Trula |
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Trula,
Although you feel you are being harassed by this collector, what actually constitutes harassment would be up to the courts to decide, if you chose to sue a creditor for harassment. Some courts might feel what this creditor/collector is doing is harassment while another court would consider these collection tactics a routine collection practice. To my knowledge, there is no state or federal collection law that prohibits a collector from calling on Sundays. The federal "Fair Debt Collection Practices Act", and most state collection laws prohibit collectors from calling before 8 a.m. or after 9 p.m., unless you agree.
The federal "Fair Debt Collection Practices Act" (FDCPA) regulates only a "debt collector" who the FDCPA describes as any person, other than the creditor, who regularly collects debts owed to others. For FDCPA purposes, a debt collector generally means collectors working for collection agencies and attorneys who collect debts for creditors. The FDCPA states a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the collector knows that your employer disapproves.
Each state sets their own collection laws that are similar to the FDCPA. And state collection laws cover all collectors whether they work for the creditor or whether they work for a collection agency. To try and find out what the collection laws are in your state, you will need to seek the services of an attorney. Your state Consumer Protection Office might also be able to assist you.
The Advice Team
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