Calls from Collectors Could Be Illegal

Phone calls from debt collectors are not only annoying but they could be illegal in some cases especially if they are on the weekends, holidays and at other inconvenient times. The federal Fair Debt Collection Practices Act (FDCPA) does not specifically stipulate how many times a collector can call but the Federal Trade Commission (FTC) has interpreted the law to mean collectors may not call repeatedly or continuously under the circumstances. The FTC states that each call must be meaningful and have a legitimate purpose such as verifying information, following up on a previous call, negotiating an agreement, etc.

What You Can Do

Cease and Desist Letter. If you are receiving harassing phone calls from collectors, send a “Debt Cease and Desist Letter” to force debt collectors to stop all communications with you. Too see examples, click here.

Record Phone Calls. Tape the harassing phone calls as evidence of their illegal behavior and let the collector know that you’re doing so and that you intend to file a complaint with your state’s attorney general and the FTC. Before recording calls, review the laws in your state. At a minimum you should keep a “Debt Communications Log” documenting every call you receive including date, time, person you spoke with, what was said, etc.

Getting Help

If you are overwhelmed by the situation and would like to speak with a lawyer in your state for FREE* advice on whether you have a case against your debt collector, click here to locate a fair debt lawyer.