Want the Debt Collector Calls to Stop?
Updated: Nov 30, 2019
To kick-off the campaign of imparting my own working knowledge of consumer law to Florida consumers, the first topic I’d like to touch on is what rights or actions a consumer can take to combat debt collectors who continually badger them about their debt. Most consumers experience a sense of helplessness when those calls come rolling in. Debt collectors will call the house phone, the cell phone, the work phone, and the hours at which they call are always during the most inconvenient times. Wouldn’t it be nice to be able to get through one family dinner without having it be interrupted by that nasty debt collector? What most consumers don’t know is that they do in fact have relief under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692c, § 805(c), which is the law governing the communication in connection with debt collection. Under § 1692c(c) – Ceasing Communication, “[i]f a consumer notifies a debt collector in writing that the consumer…wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.” This can be done by the consumer regardless of whether they are represented by an attorney. Also, make sure to send the notice through Certified Mail so that you have solid proof that the debt collector received the notice. There are a few exceptions to note as to when a debt collector may contact the consumer about a debt. Those are contained under the same subsection. To sum it up, the only times when a debt collector may contact a consumer directly is when they’re informing the consumer that they’ll stop contacting them, to notify the consumer that the debt collector or creditor may invoke a specified remedy or remedies, or intends to invoke a specified remedy which is normally invoked by such debt collector or creditor. Of course, invoking this protection does not make the debt problem go away. But it will help to provide a little bit of sanity while you determine the best way to proceed regarding the debt. If you send written notice as described above and the debt collector continues to contact you, feel free to contact my office to discuss a potential claim against the debt collector. All the best, Ryan C. Torrens, Esq.