Use the Fair Debt Collection Practices Act to stop calls from collectors.
The Fair Debt Collection Practices Act, 15 U.S.C. 1692, was passed in 1966 to protect American consumers from unfair collection practices. The Act is administered by the Federal Trade Commission, which provides copies of the act and other information for consumers on its website. The Fair Debt Collection Practices Act provides a legally enforceable method for stopping calls from collectors. While consumers can use the authority of the Act to stop calls from collectors, that action does not cancel any debt owed to the collector.
Instructions
1. Write a letter to the collection company instructing it to stop all contact with you about the debt. Section 805 of the Fair Debt Collection Practices Act provides that once you notify the collector in writing that you refuse to pay the debt or that you want all contact to stop, the collector is required by law to stop contacting you. The Legal Aid Society provides a sample cease letter on its website.
2. Include in your letter information about the debt, a reference to the Fair Debt Collection Practices Act, a statement that the collector should cease contacting you and a statement that the letter is not an admission that you owe the debt. Make sure you sign and date the letter. Under the Fair Debt Collection Practices Act, the collector may not contact you again except to inform you that there will be no further contact or to inform you of a specific action the collector intends to pursue, such as a lawsuit.
3. Send the letter within 30 days of receiving a validation notice from the collector providing information about the debt and respond if you disagree. If you have not requested in your cease letter that the collector stop contacting you, and only stated that you do not owe the debt or requested verification, the collector can send you additional debt verification and resume contacting you about the debt.
4. Make a copy of your cease letter and save it in your personal files. Include in this file all other documents related to the letter, the debt and collection efforts.
5. Mail the original of the letter through the U.S. Postal Service using certified mail. Request a return receipt, for which a fee must be paid, for your records. The receipt is returned to you after the collection company signs to receive your letter. Place the receipt in the file with the copy of your cease letter. The Federal Trade Commission states that notification to the collector is complete once you send the cease letter.
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