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Notice to Debt Collector - Unlawful Repeated or Continuous Telephone Calls

State:
Multi-State
Control #:
US-DCPA-32
Format:
Word; 
Rich Text
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Description Debt Collector Calls

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

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FAQ

If you discover that the debt the collection agency is calling about indeed belongs to you, one way you can get a collection agency to stop calling is to request in writing that they only communicate with you in writing. This is sometimes called a cease and desist request.

Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number. You do have a right to tell the debt collector to stop calling you.

Write to the Collector to Request it Stop Contacting You (If That's What You Want) Under the federal FDCPA, if you request that a debt collector stop contacting you completely, it must do so, subject to a few exceptions. Your request must be in writing.

However, in Ontario, Alberta, and Nova Scotia there is a three strikes rule, limiting collection agents from emailing you, leaving a voicemail, or speaking with you more than three times within a seven-day period after having an initial conversation with you.

Make Sure You Have Time to Talk. Get a Pen and Paper. Ask the Collector to Send Information About the Debt. Don't Admit to the Debt. Don't Give Information About Your Income, Debts, or Other Bills. Hang Up, If Necessary. After the Call, Decide What to Do Next.

Debt collectors are not allowed to call you at a time that's inconvenient to you, according to the Fair Debt Collection Practices Act (FDCPA). So if a debt collector is calling you at work, you're legally allowed to tell them to stop.

Also, debt collectors can't call you numerous times a day. Doing so is considered a form of harassment by the Federal Trade Commission (FTC) and is explicitly not allowed.

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Notice to Debt Collector - Unlawful Repeated or Continuous Telephone Calls