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How To Get Creditors To Stop Calling You

You don’t have to put up with constant harassment from creditors and debt collectors. If a bill collector is bothering you with phone calls, text messages, or other communications, you have the right to request that they stop.

The Fair Debt Collections Practices Act (FDCPA) gives consumers the right to tell creditors to stop calling. However, in order for a creditor or debt collector to be required to comply with this request, the request must meet certain criteria.

If you want a debt collector to stop contacting you, you must send a cease and desist letter. You must send a letter in writing, because an oral request that a debt collector stop contacting you will not be sufficient to trigger a violation under the FDCPA.

Once you send a cease and desist letter, the debt collector is only allowed to contact you to tell you that it is ending communications, or to tell you that it is beginning the litigation process. All other communications must cease.

If the debt collector continues to contact you after the company has received your cease and desist letter, any further communications (that don’t fit one of the exceptions) is a violation of the statute. Harassed consumers can take legal action against these companies and receive damages for each unauthorized communication.

While sending a cease and desist letter gives many people some much-needed relief from constant phone calls or message, there are some drawbacks to sending such a request. For instance, you will no longer be updated on the status of your account and you may not know if your account is charged off or sold to another collector. Additionally, failing to communicate with the debt collector or creditor may increase the chance that you will be sued over the debt.

Even if the chances of a lawsuit may increase, it could still be in your best interest to send a cease and desist letter. For example, if you are being harassed then a letter may give you some peace and quiet. Or, if you do not owe the debt because the debt collector has the wrong person or because the statute of limitations has expired, a cease and desist letter may cause the creditor to reevaluate collecting the debt from you personally.

If you are unsure about what to do with your debt, or if you are being harassed by debt collectors, you have many options. At Loan Lawyers, our South Florida debt defense attorneys can review your financial situation and will help you make a plan to resolve your outstanding debts. For a free consultation, contact our office today by calling (888) FIGHT-13 (344-4813).

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
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