First, you need to find out who is calling
you. Everyone dreads answering calls when they
don’t recognize the phone number. However, if you are getting
repeated calls and these calls are bugging you, it is time to take
a start answering the calls. Find out who is calling
you and why. Get the name of company, their location and/or
their phone number.
Second, find out why they are calling
Do you owe the debt? If you owe a debt and you want the
calls to end, send them a written cease and desist letter.
website for a sample letter and instructions.
Third, keep a log of the calls and save any
The Fair Debt Collection Practices Act protects your rights as
Violations under the FDCPA include:
• Calls before 8am and after 9pm
• Continuous calls one after another, repeatedly
• Calls to third parties discussing your debt
• Calls to work after you tell them not to call at your
Fourth, check to see if the calls you are receiving
automated calls to your cell phone. These
automated calls are also referred to as “robo-calls.” Under
the Telephone Consumer Protection Act, it is a violation for a
company to call with an automated dialing system to a cell phone
without written permission of the owner of the
phone. This means the owner of the phone had to
provide written authorization to the creditor as part of the
application. See blog.
If a company is found to be in violation of the TCPA, they could be
forced to pay up to $500 per illegal call.
Most importantly, contact SmithMarcofor a free
case review. You will be able to speak with an
attorney regarding questions you have about dealing with debts and
collection companies. SmithMarco, P.C. has over 30 years of
combined experience practicing law protecting the rights of
consumers around the country.