I know my Citibank Sears card has a auto-dialing system where numerous representatives wait to be connected with people late on payments. I have already communicated the situation with a rep that I don't have the funds because of being out of work and make every effort to pay when I can. I only have my cell phone is it legal for them to call daily until I am caught up with payments?
You can always tell them to cease and desist contacting you by phone. But they can call you.
Remember Newtons law.
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Did you communicate in writing your desire not to be called as required by federal law? Did you also provide an alternative method for the creditor to communicate with you? You will rely on provisions of the fair debt collection practices act unless your state has laws providing additional protection. Hope this perspective helps.
If it is the original creditor calling you, then a "cease and desist" letter asking them to stop calling you will not work. Cease and desist rights are only available under the Federal Debt Collection Practices Act, and that ONLY applies to third party debt collectors (with little exception.)
On the other hand, if it's an autodialer to your cell phone, then you have rights under the Telephone Consumer Protection Act. Let them know to stop calling your cell phone. It's their problem to find another way to reach you. You are not obligated to give them an alternate telephone number to call.
Keep in mind: whether they can reach you or not, Citibank is one of the creditors in Texas that frequently sues its customers in default.
For all of the issues involved in this matter, and most especially for the autodialed calls to your cell phone, you should consider contacting an experienced consumer rights attorney.
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