Here's a good website to look at: http://isthatlegal.jdsupra.com/post/20128191983... The debt collector should not call you at work because it is consider an "inconvenient place" to contact a person. Tell them that it is an "inconvenient place" to contact you. I would recommend recording the call when you tell them not to contact you at work because it is an inherently inconvenient place to do so (however, if Illinois you must get the caller's permission ahead of time to record the call, so make sure to do that). Or ask for the contact information for the debt collector's legal department and send a certified letter return receipt requested. In the letter, request for them to stop calling you at work because it is considered an inconvenient place under the Fair Debt Collection Practices Act (FDCPA). Also, you may ask them to stop contacting you altogether by disputing the debt in a letter. Include a paragraph in your letter reads:
"I am writing this request that you stop communications to me about account number _____ with ______(insert lender's name). The Fair Debt Collection Practices Act, 15 U.S.C. s. 1692c(c), requires that you honor my request.
[Then consider adding a statement that you are disputing the debt and why/request verification of the debt and that the debt collector has a right to collect/or why you might not be able to pay at this time.]
Then keep a record of the letter and that you sent it. If they continue to call you after that contact a consumer lawyer. Many lawyers will pursue FDCPA claims on a contingency basis.
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client... more
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.
Your situation deals with section 1692c(a)(3) of the Fair Debt Collection Practices Act (FDCPA). That is, a debt collector may not communicate with you regarding a debt at your place of employment if the debt collector knows or has reason to know that your employer prohibits you from receiving such calls at work.
Have you told the collector to stop calling you at work? If so, and the collector continues to call you at work, then the collector has violated the FDCPA. If a debt collector fails to comply with any provision of the FDCPA, the debt collector is legally responsible to the consumer for statutory damages up to $1,000.00. Additionally, The collection agency pays your attorney’s fees and costs. The FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs.
Which collection agency is harassing you at work?
Information on Avvo should not be construed as legal advice, as each case is different. For information about... more
Information on Avvo should not be construed as legal advice, as each case is different. For information about your specific case, please contact a consumer law attorney, or contact me at www.agrusslawfirm.com
This is very possibly a violation of the Fair Debt Collection Practices Act. If so, you are entitled to compensation,. Get the name of the caller and the name of the company. Keep records of the time and date this person calls and if s/he does not stop, contact an attorney who specializes in these kinds of cases. There is a really good on in Chicago. If you need the name later on, you can contact me. I do not do this kind of work and would not benefit from this referral.