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Stopping Collection Calls At Work

Posted by attorney Michael Agruss

The Fair Debt Collection Practices Act (FDCPA) has been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.

Section 1692c(a)(3) of the FDCPA deals with collection calls at work. 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. Therefore, if a collector is calling you at work, and your employer prohibits these type of calls, you should tell the collector two things. First, tell the collector that your employer does not allow you to receive these type of calls at work. Second, tell the collector not to call you at work anymore. You can make these requests on the phone or in writing. Either way, the collector must stop calling you at work.

If the debt collector continues to call you at work, your rights under the FDCPA have been violated. If a collection agency 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.

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Filed under: Debt Employment

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