Dealing with constant calls from a collection agency can be stressful, but there are steps you can take to stop these calls. Here’s what you can do to get relief and legally protect yourself from harassment:
1. Request They Stop Calling (Verbal Request)
- You can start by politely asking the debt collector to stop calling you over the phone. While this won’t guarantee the calls will stop, many collection agencies may reduce the frequency of calls if you request it verbally.
2. Send a Cease-and-Desist Letter
- The Fair Debt Collection Practices Act (FDCPA) gives you the right to ask a collection agency to stop contacting you. You can send them a formal cease-and-desist letter. Once they receive this letter, they are legally required to stop calling, except for specific reasons like notifying you of legal actions. How to Send a Cease-and-Desist Letter:
- Draft a letter that includes your account information and states that you request the collection agency stop contacting you by phone or any other method.
- Send the letter via certified mail with return receipt requested to ensure you have proof they received it.
- Keep a copy of the letter and the receipt for your records. Sample wording for the letter:
“I am writing to request that you cease all communication with me regarding the debt associated with account [Account Number]. As per the Fair Debt Collection Practices Act, please do not contact me by phone or any other means moving forward.”
Important: Sending a cease-and-desist letter will stop communication, but it doesn’t erase the debt. The collection agency can still take legal action to collect the debt, so it’s essential to have a plan for addressing the debt.
3. Know Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
- The FDCPA provides several protections against harassment by collection agencies. Here’s what you need to know:
- No Harassment: Debt collectors cannot call you repeatedly or use abusive language.
- No Calls at Inconvenient Times: They cannot call before 8 a.m. or after 9 p.m., unless you agree to it.
- No Threats: They cannot threaten you with violence, harm, or legal action they don’t intend to take.
If a collection agency violates these rules, you have the right to file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state attorney general. You can also pursue legal action for any damages caused by harassment.
4. Dispute the Debt
- If you believe the debt being collected isn’t yours, is incorrect, or has already been paid, you have the right to dispute it. You should dispute the debt in writing within 30 days of the first contact from the collection agency.
- Send a Dispute Letter: Request that the collection agency provide validation of the debt, which proves that the debt is legitimate and that you owe it. This will temporarily stop the collection process while the agency investigates. Sample wording for a dispute letter:
“I am writing to dispute the validity of the debt in question. Please send me written verification that this debt is accurate and that I am responsible for it.”
5. Hire A Debt Settlement Company
- If the calls persist or escalate, you can consult with a consumer rights attorney who specializes in debt collection issues. An attorney can help stop harassment and advise you on your next steps, such as disputing the debt or negotiating a settlement.
- You could also work with a debt settlement company to negotiate the debt. Once the collection agency knows you have legal representation or a settlement company handling your debt, they are more likely to comply with the law and reduce their collection efforts.
6. File a Complaint with the CFPB or FTC
- If a collection agency violates your rights or continues to call after receiving your cease-and-desist letter, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC). These agencies investigate complaints of abusive or illegal collection practices.
- File a CFPB Complaint Here
- File an FTC Complaint Here
7. Consider Bankruptcy Protection
- If you are overwhelmed by debt and unable to pay, filing for bankruptcy can offer immediate relief. Once you file, an automatic stay goes into effect, legally prohibiting any creditors, including collection agencies, from contacting you. This can give you time to figure out your finances without harassment.
Conclusion
To stop collection agency calls, you can use the power of a cease-and-desist letter under the FDCPA or dispute the debt if it’s incorrect. Always keep thorough records of your communications with collection agencies, and know your rights. If the calls continue or you need additional support, consult with a debt settlement company.