Getting calls from creditors or collection agencies at work can be irritating, not to mention embarrassing. But it can be difficult, if not impossible, to get them to stop. Luckily, all consumers are protected by the Fair Debt Collection Practices Act, which offers guidelines for what creditors and collectors can and cannot do legally. This act can help you prevent creditors from calling your workplace.
Legal Considerations
The federal Fair Debt Collection Practices Act states that creditors or collection agencies have the right to call you at home or work to collect a debt unless you ask that they stop calling. After you have requested this, they can still call you to inform you that they plan to stop calling, sue you, give your account to an attorney or discontinue trying to collect on the account. Whether you have asked that they stop calling or not, it is illegal for a collection agency to deceive you by claiming it is someone else, threaten you or involve your co-workers to get in touch with you. Unfortunately, companies often receive only small fines for infractions that they are sued for, so many continue calling even after they are asked to stop.
Solutions: Conversation
If you don't ask a collection agency or creditor to stop calling you, they won't. The next time you receive a call, state specifically that the agency stop calling you. This typically works. If a debt collector calls you after you make the request, you are entitled to take legal action. If you do not believe that you owe the debt you are being contacted about, discuss this with the collection agency as well. If you know that you owe the debt, asking the creditor to make a payment plan or offer you a reduced deal can help you resolve the debt and stop the calls to your workplace.
Solutions: In Writing
If you still receive calls from collectors after asking them verbally, write a letter. State that the letter is a request to discontinue contact with you and your workplace, and that this is your right under the Federal Debt Collection Practices Act. You are not required to state why you cannot pay this debt, but it may benefit you if you do. If you cannot pay because of current financial hardship, say so in your letter if you like. If you do not want the creditor to call you at home either, include this in your phrase. Sign, date and make a copy of the letter. Also request delivery confirmation from your post office, or send it certified so you have proof that the letter arrived. Finally, send a copy to the Federal Trade Commission as well.
Solutions: Legal Action
To take legal action, you must gather proof that the collector is doing something illegal. It is best to reserve a lawsuit for situations when the creditor's behavior goes beyond simply calling your workplace to actually being offensive or harassing. Gather all letters and proof of mailing or receipt. Also gather call logs that show the creditor called your workplace and record phone calls if your workplace and state regulations allow it. When you go to court, produce adequate proof; otherwise, the court will not rule in your favor.
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