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Yowzer · Oct 27, 2009, 05:26 AM

I had heard that if a collection agency is calling and you ask them to stop and do things through the mail that by law they have to stop the phone calls--at least I hope that is right? Does the same rule apply to credit card companies? If they continue to call after you have asked them to stop does that violate the Fair Debt Collection Act?

excon · Oct 27, 2009, 05:42 AM

Hello Y:

Use the Google machine to look up the Fair Debt Collection Practices Act. It's not long, and you'll be able to understand it better than us telling you about it.

But, in answer to your question, yes, you can tell 'em to stop hasseling you and they must comply.

excon

Yowzer · Oct 27, 2009, 06:06 AM

Originally Posted by excon

Hello Y:

Use the google machine to look up the Fair Debt Collection Practices Act. It's not long, and you'll be able to understand it better than us telling you about it.

But, in answer to your question, yes, you can tell 'em to stop hasseling you and they must comply.

excon

Thanks for the quick response. Before going on to look at the Act I was wondering if I have informed a credit card company to stop calling and their response was that they were not going to stop the phone calls, can they be sued over this? I fortunately live in a state that allows me to record my phone conversations without telling the caller and have this on tape. Should I be looking to contact a lawyer about this?

excon · Oct 27, 2009, 06:20 AM

Originally Posted by Yowzer

Thanks for the quick response. Before going on to look at the Act I was wondering if I have informed a credit card company to stop calling and their response was that they were not going to stop the phone calls, can they be sued over this?

Hello Y:

Violations of the FDCPA are fines from the FTC at up to $1,000 per day. There are no provisions for you to sue them...

However, TELLING them to stop is only going to get a nasty response from them as you found out... That's why when you TELL them to leave you alone, you need to do it in WRITING, sent CERTIFIED return receipt requested... You might mention the $1,000 a day number and your states one party recording laws...

They'll stop.

excon

Yowzer · Oct 27, 2009, 06:27 AM

Once again thanks for the fast response excon.

twinkiedooter · Oct 27, 2009, 08:23 AM

Get an answering machine and screen your calls. That solves a lot of headaches on your part.

They may or may not continue to call you even if they are told to stop this. They will get tired of calling you and go on to the next person in line.

You can report them, but you can't obtain any money by suing them for calling you excessively.