What to Do If a Debt Collector Won’t Leave You Alone
What to Do If a Debt Collector Won’t Leave You Alone
Debt collectors have a lot of rules to follow. Most people don’t know what those rules are — and collectors count on that.
The Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law that governs what debt collectors can and cannot do. Under this law, collectors:
Cannot:
- Call you before 8am or after 9pm
- Call you at work if you tell them your employer doesn’t allow it
- Use abusive, threatening, or obscene language
- Lie about who they are or how much you owe
- Threaten to file a claim against you if they have no intention of doing so
- Contact you after you’ve sent a written request to stop
Must:
- Identify themselves and who they’re collecting for
- Send you a written notice of the debt within 5 days of first contact
- Stop contacting you if you send a written cease communication request
How to Make Them Stop
Send a cease and desist letter via certified mail. Once they receive it, they can only contact you to confirm they’re stopping — or to notify you of a specific action they’re taking (like filing in small claims).
What If They Keep Calling?
If a collector violates the FDCPA, you can:
- File a complaint with the Consumer Financial Protection Bureau (CFPB): 1-855-411-2372 | www.consumerfinance.gov
- File a complaint with the Federal Trade Commission (FTC): 1-877-382-4357 | www.ftc.gov
- File a claim against the collector in small claims — the FDCPA allows you to recover up to $1,000 in damages plus actual losses
Template Cease Communication Letter
[YOUR NAME]
[YOUR ADDRESS]
[DATE]
[COLLECTION AGENCY NAME]
[ADDRESS]
RE: Account #[ACCOUNT NUMBER]
I am writing to formally request that you cease all communication with me regarding the above-referenced debt, as permitted under the Fair Debt Collection Practices Act (15 U.S.C. § 1692c).
Please confirm in writing that you have received this notice.
Sincerely,
[YOUR NAME]