Purpose of the Do Not Call Registry
If you want to reduce the number of marketing calls you receive daily, you can register your phone number in the National Do Not Call Registry. Once your number is registered, marketers are typically not allowed to call you.
However, many consumers are shocked when debt collectors continue to call them even after they have added their number to the registry. Before you get angry, realize that the National Do Not Call Registry is probably working as it should. The reason you are still receiving collection calls is that the registry does not apply to debt collectors.
How to Stop Debt Collection Calls
If you want to stop calls from debt collectors, you should send a written cease and desist letter to the collector informing them that you do not wish to be contacted again.
Send your letter via certified mail and keep a copy for your records, so you have proof that the collector received it. You may be able to take legal action against a debt collector that continues to call you even after you have sent a letter requesting that they stop contacting you.
Note: Telling a debt collector to stop does not protect your right to end their calls; only a letter or payment of the debt will completely stop the calls.
Once the collector receives your letter, they can contact you only once to inform you that they will not be contacting you again or to notify you of what action they will take next, if any. If you are unable to stop the debt collector from calling you after sending a letter, you can contact the Consumer Financial Protection Bureau and file a complaint against the collector.
The Consumer Financial Protection Bureau (CFPB) has published message templates you can follow to guide you in specific debt collection situations. The topics they provide letters for include:
- No Debt
- Need More Information About the Debt
- Tell Them to Cease and Desist
- Inform Them to Contact Your Attorney
- Notify Them How to Contact You
Collectors must also stop contacting you if you are represented by an attorney regarding the debt they are contacting you about. The key is to inform the collector, as they are not responsible for violating the Fair Debt Collection Practices Act if they are unaware.
Statute of Limitations on Debt
Debt collectors have a specific time frame to sue you and attempt to collect the debt. This is called the statute of limitations on debt, and it varies by state. In some states, the statute of limitations on debt begins when you make your last payment. In other states, it starts when the first missed payment occurs.
Note: When relying on the statute of limitations to stop debt collection calls, you must be able to prove that the debt is time-barred through documentation.
This means that if a collector sues you for a debt, the statute of limitations depends on the state you are being sued in. If they take you to court, you can argue that the statute has expired. The judge will decide whether you can be sued based on the statute of limitations.
The statute of limitations can restart if you make a partial payment, acknowledge the debt, or use the delinquent account. It can also restart if you send a message to the collector acknowledging the debt.
Debt Collectors Can Try
Remember that if your debt has exceeded the statute of limitations, you still owe the debt. They cannot sue you for it – unless you unintentionally restart the statute – but this does not prevent debt collectors from taking other legal action against you, such as reporting it to credit agencies.
They may also sell your debt to another collector, which can restart the entire process of stopping their calls to you. They cannot sue you for the debt (if the statute of limitations has expired), but they can continue to sell the debt to other collectors.
Best
What you can do is work with the debt collector to settle the debt – they may accept an amount less than what you originally owed because they purchased your debt at a big discount.
Source: https://www.thebalancemoney.com/debt-collectors-and-the-do-not-call-registry-3980645
Leave a Reply