Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes placing telephone calls without meaningful disclosure of the caller's identity.
Notice to Debt Collector - Not Disclosing the Caller's Identity
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Multi-State
Control #:
US-DCPA-33
Format:
Word;
Rich Text
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Description
Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.
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FAQ
Their name. Company name. Address. Call-back phone number. Website URL. State license number, if available as not all states license collectors.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Send a Cease and Desist Letter to Stop Collection Calls The federal law requires debt collectors to stop calling if you have notified them in writing that you wish them to quit calling. The cease and desist letter says, Stop calling me about this debt.
If you pay the collection agency directly, the debt is removed from your credit report in six years from the date of payment. If you don't pay, it purges six years from the last activity date, but you may be at risk for wage garnishment.
Based on my knowledge of existing court law and statutes, it's totally legal for debt collectors to block their numbers. In Glover v. Client Services 2007 WL 2902209 the court said a collector could call with a blocked number. This is legalese for: The FDCPA doesn't prohibit calling from a blocked number.
Is It Legal for Debt Collectors to Spoof Numbers? Legally, debt collectors can spoof their phone numbers, but the FDCPA doesn't allow them to hide their identitysuch as when you ask what agency they are calling from.
When a Debt Collector Calls, How Should You Answer? The phone call from a debt collector never comes at a good timebut the best response is to confront the state of these affairs head-on. You may want to hide or ignore the situation and hope it goes awaybut that can make things worse.
Under the Fair Debt Collection Practices Act, debt collectors are required to identify themselves in any communication with a debtor. This rule prevents collection agents from tricking consumers into returning calls or other communications without knowing the nature of the communication.
Never Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. Never Provide Bank Account Information.