The Federal Trade Commission enforces the Fair Debt Collection Practices Act to protect you from unfair creditor contact, and this includes phone calls in an attempt to collect a debt that is not yours. In many cases, the creditor is attempting to contact a debtor at a phone number he previously used and it is an honest mistake. Before you change your number in frustration, know that there are several legal steps under the FDCPA you can take. Many reputable creditors will honor your request after you explain you are not the person in question.
Instructions
- 1
Answer the phone or return the creditor's call. Explain to him you are not the person for whom he is looking. In most cases, he will understand that the phone number has changed -- or the debtor provided it falsely -- and move on.
2Demand a stop to further phone communication verbally. Under the Fair Debt Collection Practices Act, a creditor must stop phone contact at a debtor's place of business, so in today's age of home and mobile businesses, tell her she is no longer allowed to contact you by phone. She can follow up by mail, but because you are not the debtor, this will not matter.
3Write a cease and desist letter. Under the FDCPA, a creditor must stop all communication with you once you notify him in writing, with the exception of one additional time to confirm receipt of your letter. Many sample cease and desist letters are available online.
4Send your cease and desist letter via first class mail and certified mail. Keep a copy of your letter and the certified receipt for your records.
5Report the creditor to your state attorney general's office if other methods fail.
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