How to Stop Debt Collectors’ Calls
Repeated, unwanted calls from debt collectors can be annoying, even harassing. Many consumers have told me that they considered filing for bankruptcy just to stop the calls! That is a drastic step that may not be necessary in every case. That’s because the federal Fair Debt Collection Practices Act gives consumers the right to request that third party collection agencies and junk debt buyers stop calling them.
Here’s what the law says: “If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or 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, except – (1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.” 15 U.S.C. 1692c(c).
What does this mean? The consumer should write a letter to the collection agency or junk debt buyer referring to this section of the FDCPA and requesting that all communication with the consumer cease immediately. For proof of receipt, the consumer should send the letter using Certified Mail, Return Receipt Requested.
What should the letter say? Well, in order to ensure that the collector can identify the account, it should list your name, address, the phone numbers being called, and the account number being collected on. And it should say something along these lines:
To Whom It May Concern:
Your collection agents have been attempting to collect an alleged debt in the above-referenced matter.
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seq. and North Carolina law, I hereby request that you cease all further communications with me and any third parties, other than as permitted by law, regarding this alleged debt.
Until advised otherwise, you should also mark this matter as “disputed.”
Sincerely,
Your Name
A collector may be liable to the consumer for money damages under the FDCPA and North Carolina law if it continues to call or send letters after receiving such a request to cease and desist.