There are laws to prohibit debt collectors from placing repeated or continuous telephone calls to annoy, abuse, or harass you or others who share your phone number. They’re also prohibited from communicating with you at times or places that are inconvenient for you.
Dealing with debt collectors can be an unpleasant and stressful experience. The constant phone calls and letters demanding payment can feel overwhelming, especially if you are already struggling financially. However, under the Fair Debt Collection Practices Act (FDCPA), you have certain rights when it comes to debt collectors contacting you One of those rights is the ability to tell a debt collector to stop calling you
Do You Have the Right to Tell a Debt Collector to Stop Calling?
Yes, you have the right to tell a debt collector to stop contacting you under the FDCPA. This law prohibits debt collectors from engaging in abusive, deceptive, or unfair practices when trying to collect a debt. Some of the prohibited practices include:
- Calling you repeatedly or continuously with the intent to annoy, abuse, or harass you.
- Using obscene, profane, or abusive language.
- Making false statements or misrepresenting the amount you owe.
If a debt collector is violating any of these practices, you have the right to send them a cease and desist letter demanding they stop contacting you. This letter should be sent via certified mail with return receipt requested so you have proof they received it. Once the debt collector receives your letter, they may only contact you again for a few specific reasons outlined in the FDCPA
How Do You Tell a Debt Collector to Stop Calling?
The easiest way to stop a debt collector’s unwanted calls and letters is to send them a cease and desist letter This letter informs the collector you want all communication to stop and sets a clear boundary, Here are some tips for writing an effective cease and desist letter
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Address it properly: Be sure to address the letter to the debt collection company, not the original creditor. Get the full legal name and address of the collection agency.
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Be direct: Clearly state you want the collector to cease contacting you and that you revoke consent for them to call or write you.
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State it’s inconvenient: Explain that their frequent contacts are inconvenient and demand they stop immediately.
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Send it certified mail: Sending your letter by certified mail with return receipt provides proof they received it.
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Keep a copy: Always make a copy of your cease and desist letter before sending it.
What Can Debt Collectors Do After You Ask Them to Stop Calling?
Once a collector receives your cease and desist letter, their communication options become limited. However, telling them to stop calling does not erase the debt. Under the FDCPA, collectors can still:
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Send you a letter confirming there will be no further communication.
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Notify you if they or the original creditor intend to take any specific action, like filing a lawsuit.
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Contact you once to advise that collection efforts are ending and the creditor may pursue other options.
The collector cannot continue to call, write, or otherwise contact you about payment. If they do, they would be violating the FDCPA and you may have grounds to sue.
Can Debt Collectors Still Collect if You Ask Them to Stop Calling?
Yes, informing a collector to stop contacting you does not get rid of the underlying debt. The collector may pursue other lawful methods to collect on the amount you owe. Here are some things that could still happen:
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Credit reporting: The collector can still report your debt to the credit bureaus and have it appear on your credit report. This could negatively impact your credit score.
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Wage garnishment: If they sue you and win a judgment, the debt collector can potentially garnish your wages or levy your bank account.
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Lawsuit: The collector or original creditor can still take legal action and file a lawsuit to collect the debt. You would need to respond to the lawsuit.
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Selling the debt: The collector may sell or transfer the debt to another collection agency who could start contacting you.
Simply asking the collector to cease calling will not resolve the debt itself. You still owe the money, and the creditor retains the right to pursue lawful collection methods.
What if a Debt Collector Violates the FDCPA by Continuing to Call?
If a debt collector contacts you again after receiving your cease and desist notice, they are likely violating the FDCPA. Some exceptions include:
- A single notice advising further collection is being terminated
- Notice of a specific action they or the creditor intend to take
Outside of those exceptions, further contact would be unlawful harassment. Under the FDCPA, you have the right to sue a debt collector for statutory damages up to $1,000 plus any actual damages and legal fees.
Some signs a collector is violating the law after you sent a cease and desist include:
- Calling repeatedly or continuously
- Using threatening, profane, or abusive language
- Making false statements about the debt
- Failing to validate the debt properly when disputed
If you believe a debt collector is violating the FDCPA, send them a second cease and desist letter and retain an attorney who specializes in consumer protection law. They can help determine if you have a valid case against the collection agency.
Key Takeaways
- You have the right under the FDCPA to tell a debt collector to stop calling and communicating with you.
- Send a clear cease and desist letter via certified mail and keep a copy for your records.
- The underlying debt still exists even if the collector stops contacting you.
- If the collector ignores your notice and continues calling, they may be violating the law.
- Seek legal help if a debt collector won’t stop the unwanted calls and harassment. Understanding your rights is crucial when dealing with debt collectors.
Telling a debt collector to stop calling can provide relief from unwanted harassment and gain control over the situation. However, the debt likely still exists, so be proactive about resolving it through payment plans, debt validation, or consulting a credit counselor. Know your rights, stand up for yourself, and take back your peace of mind.
When can a debt collector call me?
Generally, debt collectors can’t call you at an unusual time or place, or at a time or place they know is inconvenient to you. They are generally prohibited from contacting you before 8 a.m. or after 9 p.m. The law also requires debt collectors to follow instructions you give them about when and where you don’t want to be contacted.
If you don’t want to receive calls from a debt collector at a particular time or place, such as on the weekends or at work, you should tell the debt collector. If they’re aware you don’t want or are not allowed to receive personal calls at work, for example, they’re not allowed to contact you there.
How often can debt collectors call me?
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from placing repeated or continuous telephone calls to you or having telephone conversations with you with the intent to annoy, abuse, or harass you. “Placing a telephone call” includes telephone calls that the debt collector makes and that go into voicemail.
In addition, the Debt Collection Rule creates certain “presumptions” to help determine whether debt collectors have violated this law. The debt collector is presumed to violate the law if they place a telephone call to you about a particular debt:
- More than seven times within a seven-day period, or
- Within seven days after engaging in a telephone conversation with you about the particular debt.
Factors such as the frequency and pattern of phone calls and voicemails may also be used to assess whether a debt collector complied with or violated the law. For example, if the debt collector placed seven calls to you about a debt within a seven-day period, but all seven calls were made on the same day, they could be violating the law. There may be some exceptions to this, including if you gave them consent to call more frequently.
The limits generally apply per debt but in the case of student loan debt – depending on the facts – multiple debts could be counted together as one “particular debt,” so the limits would apply to those debts as a group.
Keep in mind that these presumptions only apply to telephone calls placed by the debt collector to you and don’t apply to other forms of communication, including text messages, emails, in-person interactions, or social media messages, which have other protections.
For more information about repeated or continuous telephone calls or telephone conversations, review the Debt Collection Rule FAQs or see Section 7.1 in the Debt Collection Small Entity Compliance Guide . Your state laws may also provide additional protections, and you can check with your state attorney general’s office for more information.
If youre having an issue with debt collection, you can submit a complaint with the CFPB.
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FAQ
What happens when you tell a debt collector to stop calling?
Understand that when a debt collector honors a request to “cease and desist”, the debt does not go away, just the phone calls. The debt might be tagged for a lawsuit instead. If an end to the phone calls is desired, state very clearly, something like: “Stop calling me. Cease and desist. Do not call me again.”
What is the 11 word phrase to stop debt collectors?
If you want to stop debt collectors from calling you, the phrase to use is: “Please cease and desist all communication with me about this debt.” This simple phrase, when sent in writing to a debt collector, legally requires the debt collector to stop contacting you except to notify you of specific actions, such as …
What should you not say to a debt collector?
During the call you should never say it’s your debt, your account, that you ever had an account, and any other personal financial information. Don’t lie if they ask you point-blank questions; just don’t answer them by reiterating the first paragraph… several times if necessary.
How to make debt collectors stop calling?
If you want to stop a collector from contacting you, send your request by mail. Consider sending the letter by certified mail and paying for a “return receipt.”