The FDCPA protects consumers from abusive, unfair or deceptive debt collection practices and gives consumers a private right of action against debt collectors who violate the Act’s requirements.
So how can a consumer stop these calls? In addition to providing a private right of action to consumers whose rights have been violated by, the FDCPA requires debt collectors to stop all communications under certain circumstances. With a few exceptions, debt collectors must stop communication if a consumer notifies the debt collector in writing that the consumer (1) refuses to pay a debt or (2) wants the debt collector to stop further communication.
After a consumer provides this writing, the debt collector may contact the consumer for only two reasons: to tell the consumer that further collection efforts are stopping and to notify the consumer that the debt collector or creditor may use certain remedies available to them. Any other communications may subject the debt collector to liability under the FDCPA. -Meredith Phillips (205) 912-8244
Blankenship Harrelson, LLP
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