NO.  The Fair Debt Collection Practices Act (FDCPA) contains important restrictions on how and when a debt collector can contact you:

• They cannot contact you at any time or place that they know or should know is inconvenient for you.  Unless they are told otherwise, they can assume that your convenient times are only between 8:00 a.m. and 9:00 p.m.  If these or any other times are inconvenient, let them know!
• They generally cannot contact you at all if they know you are represented by a lawyer and they have your lawyer’s contact information.
• They cannot contact you at your place of employment / job location if they know or should know that your employer prohibits you from receiving such communications there.

Click on the titles to the following additional articles for more information on getting the debt collectors to stop calling:

Debt Collectors Won’t Stop Calling – What Should I Do?

Debt Collectors Are Contacting My Family And Friends – Can I Get Them To Stop?

Rule # 1:  Tell them to stop calling you, and put it in writing.  This is often called a “cease and desist” letter.  We recommend that you send them a letter using either delivery confirmation or certified mail, return receipt requested.  That way, you have proof that you sent them your letter telling them to stop calling.

If you tell a debt collector in writing that you want them to stop communicating with you about a debt, or that you refuse to pay the debt, the Fair Debt Collection Practices Act (FDCPA) generally requires them to stop communicating with you regarding that debt.  The only permissible communications after that is to notify you that they are stopping further efforts to collect the debt or to notify you that they will take certain specific actions in response to your letter.  They also cannot communicate with your spouse or parents (if you are a minor), or with your guardian, executor or administrator.

Rule # 2:  If the debt collector fails or refuses to stop, gather the evidence and have it reviewed by an experienced FDCPA lawyer.  Keep a pencil and paper by your phone.  When the debt collector calls, write down the date and time of their call.  Write down their names and the companies they work for.  Write down who they spoke with in your house, and what they said.  If you have caller ID on your phone, write down their phone number and date/time of their call; if you can, take a picture of the caller ID display.  If you receive anything in writing from the debt collector (letters, bills, past due notices, etc.), save them all.

Remember, the FDCPA has a statute of limitations; if you don’t file your FDCPA lawsuit before the statute of limitations expires, you generally lose your right to bring that lawsuit at all.  So, you must act promptly if you think you may have a case against a debt collector.  Please feel free to contact us for a free consultation, and we will be happy to explain your legal rights.

The Fair Debt Collection Practices Act, or FDCPA for short, is a federal law that applies in all states.  It provides certain rights to consumers by restricting the time, place and methods that debt collectors can use in trying to collect on debts.  As part of this, it is intended to prevent abusive debt collection tactics.

Some people think that the FDCPA applies to all debt collectors.  Although certain provisions apply generally, many of the protections under the FDCPA apply only to certain people and companies.  For example, it applies to consumer debt (where the debt arises primarily for personal, family or household purposes), rather than commercial debt.

It obviously covers debt collection agencies.  However, some people don’t realize that it also covers lawyers that regularly collect debts.  Many of the lawyers that we see in Central Florida (including Seminole County, Orange County, Brevard County, Volusia County and Lake County) do indeed “regularly collect debts”, and are therefore bound by the Fair Debt Collection Practices Act.  Some of those lawyers have filed thousands of debt collection lawsuits, and many derive most of their income from collecting debts.

The FDCPA specifically exempts certain categories of people and companies from many of its requirements.  Examples of those to whom the FDCPA does not typically apply are original creditors suing in their own name, corporate affiliates, government officers and process servers.  This does NOT mean there are no legal requirements for those people; it’s just that those legal requirements arise from laws other than the Fair Debt Collection Practices Act.