If you fall significantly behind on a bill or a credit card, your creditor may sell your debt to a third-party debt collector, also known as a collection agency. The Fair Debt Collection Practices Act (FDCPA) was passed to protect consumers from mistreatment by these third-party debt collectors. Voice mail and answering machine messages aren't addressed specifically in the FDCPA, but the FDCPA does address your right to privacy, which limits what debt collectors can say on your answering machine.
Debt Collector Messages
Voice mail and answering machine messages have no guarantee of privacy, so debt collectors aren't allowed to leave messages that specifically mention your debt. Debt collectors can give a company name and request a return call. Debt collectors can leave automated messages or messages from a live caller. Debt collectors can't leave messages threatening or harassing you, and they can't call excessively for the purpose of harassing you.
Debt Collector Contacts
Debt collectors can call or leave messages at your workplace unless you've specifically told them you're not allowed to receive calls where you work. Debt collectors can't refer to being a debt collection agency or hint that they are a collection agency. Debt collectors can also call and leave messages for family or friends, but only to inquire as to your whereabouts. Debt collectors can't speak to anyone else about your debt without your permission. If you have an attorney, and the debt collector knows about your attorney and has her contact information, the debt collector must cease contact with anyone other than your attorney.
Stopping Collection Calls
You can stop debt collection calls from third-party debt collectors by writing a letter asking them to cease communication. The initial letter you receive from your debt collector has the address where you should send your letter. Send your letter via Certified Mail with a return receipt. Once the agency receives your letter, it can only contact you to let you know they are ceasing contact or that they are going to take a specific action, such as filing a lawsuit.
Reporting Debt Collectors
If a debt collector is harassing you, contacting you when you've requested them to stop, threatening you or otherwise violating the FDCPA, you can sue the debt collector within one year of the violation. If you win, the debt collector will be required to pay damages and court fees. Also report the debt collector to your state attorney general's office and the Federal Trade Commission.
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