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How do you stop a bill collector from calling you constantly… especially if the person they want to talk to doesn’t even live there? Such is the case with FSK over at FSK’s Guide to Reality. It seems the collection agency wants to get in touch with FSK’s sister, and she doesn’t live with FSK. Despite telling them repeatedly that she doesn’t live there, they continue the constant bombardment of phone calls. The interesting thing about this situation is that the collection agency is not calling a number where they can reach the debtor. There are ways to stop the phone calls – but you have to get serious with them. You should be able to stop the phone calls without getting a lawyer involved.
To file a complaint with FTC regarding a collection agency click here or call toll free at 1-877-FTC-HELP.
A bill collector has to stop calling your place of employment if you request them to – this request should be done verbally and in writing. Why are they calling despite the verbal request to stop? This is harassment and harassment is what pays their bills! They’re hoping FSK (or anybody) will pay this debt to end the phone calls.
I have an amusing anecdote about a debt collector. My sister gave my parent’s phone number on a credit application, or they somehow got it. According to my sister, she legitimately canceled a service but they kept billing her anyway. Now, a collection agency owns the debt. They’re using a dirty tactic you haven’t mentioned on your website.
The debt collector calls *ALL THE TIME*. I told them “She doesn’t live here anymore. Please stop calling this number.” Whenever I say “Please stop calling”, they immediately disconnect the phone call, pretending they didn’t hear. The debt appears to keep getting passed to different collection agencies, or the agency keeps trying different tactics.
If I tell Agency A “Please stop calling”, and the debt is sold to Agency B, then does my “Please stop calling” request still count?
I’m pretty sure this falls under “abusive debt collection practices”. However, it isn’t practical to sue. The person they’re calling *DOES NOT LIVE HERE*, and they hang up the phone whenever I say “She doesn’t live here” or “Please stop calling”. By dropping the call and pretending to not hear, they’re probably technically not violating the law. They have plausible deniability “I never heard FSK say ‘Please stop calling!’”
Well let’s see what we can come up with for this nasty, nasty problem. First of all, every time the debt moves to another collection agency you have to start all over again with any requests… just as though they are the first collector to get their hands on your debt. This means writing ‘cease and desist’ letters and recording/documenting their calls (if you want to sue them).
There are a couple of options here that will work for FSK and these pesky collectors. The first is to identify who the collector is. One way to do that is to ask them. Now there’s only certain information that they’ll give to someone, over the phone, whom is not the debtor. However, according to the Fair Debt Collection Practices Act the collector is required, if you ask them, to identify their employer.
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
Cease and Desist Letter
You can also request their address, but there is nothing in the FDCPA that requires them to provide you with the address. You could ask them what state they are calling from and then look the address up. You want their address so you can write them a ‘limited cease and desist’ letter. The letter should be sent registered U.S. mail with return receipt. This way you have proof that they received the letter.
I would like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be documented and considered harassment. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.
Now bear in mind that this letter would only by legal if it is signed by the debtor. This letter should slow the phone calls down or eliminate them. Another way to get their address would be for FSK to ask his sister to get a free copy of her credit report at http://annualcreditreport.com. The collection agency’s name and address may be visible on the credit report.
Documenting the Calls
If they continue to call you can document the calls using a program like “phone tray” which works by plugging your phone line into the back of a pc. Phone Tray then works like a caller i.d., documenting all calls and call times in a format that can be printed off. Now you can document all of their calls on paper. Also, you can purchase a phone recorder like this one. It’s around $45.00 and has a variety of uses besides recording bill collectors. Some states require you to inform the other party that the call is being recorded. Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You can answer the calls and tell them to stop calling and record the conversations. At this point you should have documented the calls on paper and possibly have phone recordings which clearly demonstrate these facts.
At this point, after ten or so calls, I would make copies of the caller i.d. archive and audio of the phone conversations. Now you need to send these copies to the collection agency using registered mail. You would also attach a letter which explains that the collection agency has continued calling despite requests to stop. You consider this harassment and hope to avoid a legal suit against their office if they will simply stop calling your home.
This should stop the calls and if not you can always opt to have a law office write letters on your behalf.
If the debt gets passed to another collection agency then this process starts all over.
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Related Articles
* Restrictions on Wage Garnishment for Debt Collection.
* The Fair Debt Collection Practices Act
* Reasons not to file Bankruptcy or Settle Your Debts
* Can you go to jail for not paying your debts?
* How to settle your debts on your own
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