Page Section Navigation
Go to: Header
Go to: Utility Navigation
Go to: Primary Navigation
Go to: Content
Go to: Footer
 
Ask the Experts

Ask The Experts

Q:
Is there a law that I can reference to get collectors to stop calling me on Sundays and late at night?

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

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 its 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.

Ask the Experts 

Explore by:
Ask The Experts

If you do not find the answer to your question in the archive, write to the Advice Team today! A member of the Advice Team will personally respond (by email) to your question by offering answers, helpful tips or solutions. This is a free service offered by MMI.