If dealing with debt collectors has you at the end of your rope, take control of the situation and gain some relief from the endless barrage of phone calls. Take steps to enforce your rights under the Fair Debt Collection Practice Act to help gain some peace of mind and some time to get your financial house of cards in order.
Fair Debt Collection Practice Act
The Fair Debt Collection Practice Act -- or FDCPA -- falls under the authority and oversight of the Federal Trade Commission. Adopted to protect consumers from abusive or deceptive debt collectors, the FDCPA provides consumers with various rights and protections. The act lays out illegal debt-collection practices, such as harassment and fraudulent statements, and gives consumers details on how to handle debt collectors in a proper fashion. This includes providing consumers with detailed information related to writing and sending do not call letters to debt-collection agencies.
The Basics
Putting a stop to debt-collection calls requires a formal request in writing. Address the letter to the debt collector or a specific account representative, if you have that information. In the opening paragraph, reference the debt in question by including identifiable information, such as an account number or file reference number. Instruct the debt collector that you intend to exercise the rights provided to you under the Fair Debt Collection Practices Act. Request that the collector stop contacting you by phone immediately.
Additional Details
In addition to requesting that a debt collector not call you anymore, you may wish to include further details about the debt and the current situation for record-keeping purposes. These details can include a request for validation of the debt and a description of any violations, such as calling after 9 p.m., that you have documented to date. If you do not believe that you owe the debt, make a request for proof of the debt within 30 days from receipt of the notice of the debt. Debt collectors must provide this information. If they cannot provide proof of the debt, you can petition the credit bureaus to remove the false data from your credit report. In addition, the debt collectors must cease all contact with you concerning the debt.
Other Tips
Send all written communication to a debt collector via certified mail. When you send the debt collector a certified request to cease all calls, you will receive a receipt stating who signed for the letter and the date received. Keep this receipt for your records. Debt collectors can only contact you one additional time after receipt of a do not call letter. They can call you to notify you of their intent to take a specific route with your account, such as filing a lawsuit, or to tell you that they intend to cease contact with you from that point on.
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