The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.
Dear [Debt Collector's Name], I am writing to inform you of the days and times during which you may contact me regarding the debt collection matter related to [account number or reference]. As per the regulations outlined in the Fair Debt Collection Practices Act (FD CPA) and the laws governing debt collection in San Jose, California, I request that you adhere to the following schedule: 1. Weekdays (Monday to Friday): You are permitted to contact me between the hours of [start time] and [end time] on weekdays. Please note that calls outside this designated timeframe might be considered unreasonable and may result in a violation of the FD CPA. 2. Weekends (Saturday and Sunday): Considering that weekends are typically considered personal time, I kindly request that you refrain from contacting me on Saturdays and Sundays altogether. If there is an urgent matter that needs my immediate attention, please send a written notice via mail or email instead. It is crucial to emphasize that maintaining communication within these specific timeframes ensures compliance with both federal and local regulations governing debt collection practices. Any attempt to contact me outside these designated hours will be deemed as inconvenient and may violate my rights as a consumer. Furthermore, please be aware that all communication concerning this debt collection should be directed towards me, the debtor, and not to any other parties, including my family members, friends, or colleagues. This request aligns with the provisions stipulated in the FD CPA, which protects individuals from harassment or embarrassment caused by third-party debt collection efforts. I expect your cooperation in respecting this communication schedule and adhering to the guidelines mentioned above. Failure to comply may result in necessary legal action and may be reported to the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the California Attorney General's Office for violation of debt collection laws. Thank you for your attention to this matter. I trust that you will handle this debt collection responsibly and professionally within the specified timeframe. If you have any questions or require further clarification, please do not hesitate to contact me in writing. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], I am writing to inform you of the days and times during which you may contact me regarding the debt collection matter related to [account number or reference]. As per the regulations outlined in the Fair Debt Collection Practices Act (FD CPA) and the laws governing debt collection in San Jose, California, I request that you adhere to the following schedule: 1. Weekdays (Monday to Friday): You are permitted to contact me between the hours of [start time] and [end time] on weekdays. Please note that calls outside this designated timeframe might be considered unreasonable and may result in a violation of the FD CPA. 2. Weekends (Saturday and Sunday): Considering that weekends are typically considered personal time, I kindly request that you refrain from contacting me on Saturdays and Sundays altogether. If there is an urgent matter that needs my immediate attention, please send a written notice via mail or email instead. It is crucial to emphasize that maintaining communication within these specific timeframes ensures compliance with both federal and local regulations governing debt collection practices. Any attempt to contact me outside these designated hours will be deemed as inconvenient and may violate my rights as a consumer. Furthermore, please be aware that all communication concerning this debt collection should be directed towards me, the debtor, and not to any other parties, including my family members, friends, or colleagues. This request aligns with the provisions stipulated in the FD CPA, which protects individuals from harassment or embarrassment caused by third-party debt collection efforts. I expect your cooperation in respecting this communication schedule and adhering to the guidelines mentioned above. Failure to comply may result in necessary legal action and may be reported to the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the California Attorney General's Office for violation of debt collection laws. Thank you for your attention to this matter. I trust that you will handle this debt collection responsibly and professionally within the specified timeframe. If you have any questions or require further clarification, please do not hesitate to contact me in writing. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
