Fair Debt Collection: How To Stop Collection and Harassing Calls

Here are a FEW things you can do to handle creditors and collection calls to minimize the calls and get them to stop bothering you ASAP.

Despite many false promises seen online and elsewhere today, no one can promise to “stop creditor calls”.  Original creditors have rights to collect legitimate debts.  However, it is illegal for debt collectors or creditors to make harassing phone calls, and below are ways to stop third party collectors from calling, plus a few more tricks to put the law on your side.

PLEASE NOTE: DebtGOTOGuy.com is not a law firm, and I am now a lawyer, nor do I intend to provide any legal advice to anyone.  However, I feel it is very important for you to understand the Fair Debt Collection Practices Act as it pertains to you.  This will provide you some reassurance that you have rights and should not allow harassed to be harassed by creditors.

First, here’s a video from my friends at Money Talks, followed by a summary of your rights under the Fair Debt Collection Practices Act (FDCPA), followed by a video from actual attorney’s covering the FDCPA and how you can use it to defeat demeaning debt collectors, plus resources for clients in a debt settlement program.

Defending Against Debt Collectors

httpv://www.youtube.com/watch?v=iWoUq-96Pzc

Fair Debt Collection Practices Act (FDCPA) – A Simple Summary

Find the full body of law on the FTC website here.

Section 805- Communication in Connection with Debt Collection

• Collectors may only call before 8:00pm in your time zone
• Collectors may not call a customer’s place of employment
• Collectors may not communicate with any other person other than the consumer himself (unless they have written authorization by the consumer to do so)

Section 806- Harassment or Abuse

• Collectors may not use threat of violence or other criminal means
• Collectors may not use profanity
• Collectors may not continuously call, annoy, abuse or harass the consumer

Section 807- False or Misleading Representation

• Collectors may not use any false or deceptive or misleading representation
• Collectors may not threat to take any action that cannot legally be taken
• Collectors may not give or threaten to put out false credit information
• Collectors may not distribute any falsely written communication simulating a document authorized, issued or approved by any court official or agency of the United States or any state
• Collectors may not use any name other than the true name of the collector’s Business Company or organization
• Collectors may not falsely imply that they are employed by a consumer reporting agency

Section 808- Unfair Practices

• Collectors may not use unfair or unconscionable means to collect or attempt to collect debt
• Collectors cannot accept a check or other payment form from the consumer that is postdated
• Collectors may not solicit any postdated check for the purpose of threatening or instituting criminal prosecution
• Collectors may not deposit or threaten to deposit any postdated check prior to the date on the check
• Collectors may not cause charges to be made to the consumer for price of communication
• Collectors may not take or threaten to take non-judicial action to affect dispossession or disablement of property
• Collectors may not communicate with a consumer by post card
• Collectors may not use any language or symbol other than the collector’s address and name on any mail sent to the consumer

Section 809- Validation of Debts

• Collectors must notify the consumer in writing within five days, validating their debt

Section 810- Multiple Debts

• If a consumer owes multiple debts to one creditor and makes a payment to the collector for one specific debt, the collector may only apply payment to that specific debt

FTC Speaks Out About Fair Debt Collection

Here is a quick reference sheet from the FTC answering common questions.  I think you will find this very helpful: Fair Debt Collection

Defeating Demeaning Debt Collectors

Here’s what actual attorneys say about the Fair Debt Collection Practices Act (FDCPA) and some tips on how you can use it to defeat demeaning debt collectors…

httpv://www.youtube.com/watch?v=Yn3ZRS5Qh_I

How To Handle Collection Calls During A Debt Settlement Program

If you are in a debt settlement program, or considering debt settlement and curious how to deal with collection calls during your program, then be sure to read my post on “How To Handle Creditors Calls During A Debt Settlement Program”

“How To Handle Creditor Calls” is included in the educational audio “Debt Settlement Basics” as part of the Freedom Debt Relief Guide available for free to subscribers of DebtGOTOGuy.com.  Enter your name and email in the upper right of this page or Click Here.

Questions?  …Thoughts? Please share below your comments below…