While most web pages addressing how to get a debt collector to stop calling focus on the Fair Debt Collection Practices Act, federal law provides an additional weapon for consumers to stop them from being harassed mercilessly with phone calls. The Telephone Consumer Protection Act (TCPA) sets strict rules for any debt collector who uses an automatic dialing system (ATDS). Collectors must stop calling cell phones if the customer has simply requested that the debt collector stop calling. If a debt collector continues to violate the TCPA, the consumer can recover between $500 – $1500 for every call.
Stopping Debt Collectors
Recently, Maginnis Howard represented a Durham resident who had recorded her conversation with a debt collector where she requested that the collector stop its harassing phone calls. The collector called her hundreds of times over a thirty dollar bill. Our client recovered a six figure confidential settlement from the debt collector.
Also this year, our firm represented a Raleigh client with a similar problem. Our client informed the corporation that they would pay when they could, but to just please stop calling. When the solicitor did not stop, he recovered a six figure confidential settlement for TCPA violations.
If the debt collectors are not calling you on your cell phone, the Federal Debt Collection Practices Act also requires collection agencies to refrain from calling if they’ve been instructed to do so in writing. Here is a link to a Consumer Financial Protection Bureau article addressing how to get a debt collector to stop calling you if the call is not to the cell phone or not made with an automatic dialing system. Here’s another from the Federal Trade Commission. Our firm also handles issues under the FDCPA and related North Carolina consumer protection statutes.
If you have informed a debt collector not to call you on your cell phone, and the calls continue, contact our firm at (919) 526-0450. You may also visit our contact page to submit an online inquiry. Our firm represents consumers in North Carolina (and elsewhere) who simply want corporations to follow the law. How to get a debt collector to stop calling? Just tell them to stop. And if they don’t, contact our firm for a free case evaluation.
