Stop creditors and collection agencies from calling.June 18th, 2010 by nickelnm
With today’s economy many Americans are dealing with creditors and collection agencies calling. These calls can come at inconvenient times or even at work. Luckily, there is a simple and quick way to stop those phone calls.
Tell the creditor or collection agency not to call.
I realize that seems almost to easy, but the government has enacted two laws that protect the consumer from being harassed, threatened, or even simply inconvenienced. These two laws are the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA).
Under the FDCPA, you have rights, and one of those rights is the right to not be called at an inconvenient time or number. When the creditor/debt collector calls you simply tell them that it is inconvenient for them to contact you at any time, at any phone number they have on file for you. Then, ask them for their name, mailing address, and your account number with them.
Follow the phone call up with a letter (most commonly referred to as a Cease and Desist letter); add language into the letter that states: “It is inconvenient for you to contact me at any time at any phone number on file.” Mail the letter using the Certified Mail Return Receipt Requested – you should receive a signed green card back from the company in the mail, costs about $5.00/per letter. Once the letter is received; the phone calls should stop and all communication can only continue in writing.
This does not stop you from calling the creditor/debt collector yourself; but it does stop them from calling you. If they continue to call you after receiving the cease and desist letter; they are in violation of the FDCPA and for every violation you can prove in court its a $1000 fine. Small Claims anyone?
Do not let creditors/debt collectors make you afraid to answer your phone. Consumer law is on your side.