Debt Collection

If you're in the debt collection business, it's up to you to comply with the Fair Debt Collection Practices Act.

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Category:

Education

Tags:

• Fair
• Debt
• Collection
• Practices

[skjoyner]

@roxcyn With the phone request it's your word against theirs. If? by law they have to stop calling at a verbal request then you would need proof you told them to stop calling I would assume. That might mean a recorded phone call on the consumers end with the dept collectors phone number, the name of the person you are talking to, the company name they are calling from, case i.d. number, verbal request to stop calling etc I'm guessing.They can always say they were never told to stop calls

[roxcyn]

@skjoyner Hi! Thanks for your reply. I´m kind of a collection juru--I know a lot of knowledge. I've seen on some forums where people sued for TCPA because they told them to "stop calling" but it was only via the phone (not in writing). Also, it seems weird in the video that they say you can do it on the phone and they have to agree with the consumer? When it clearly says otherwise in the FCPA.

[skjoyner]

@roxcyn Telling them orally to stop calling will not stop the phone calls. You have to send them a Cease and Desist Letter telling them you do not wish to be contacted by phone anymore. It's usually good to mention you wish to be contacted by mail only. At least they can send you mail that way. Debt collector use to call me 2 or 3 times a day. Got old for me to have to tell them that I was still unemployed same as I was the last 2 times they called that day.

[roxcyn]

Continued: So, my example would be. Let's say the debt collector calls the consumer and she says "stop call me..." and hangs up. However, it's not a cell phone nor work number. FCPA and TCPA state they have to request in writing, so would the collection be in violation of TCPA/FCPA if they consumer tells them orally to not call at all? Thanks for your response!

[roxcyn]

Hi Deanya! You said that if the consumer tells the collection agency to stop calling they have to. However, doesn't it have to be in writing? (Unless it's a cell or work number). At least that is what I saw in the FCPA § 805(c): "if a consumer notifies a debt collector in writing...". § 805.(a)(3) (calls to job), and TCPA (cell phones).