Debt Collectors Violating Do Not Call List? Rights, Cease and Desist Letter
FACT: Even if your phone number is registered on the Do Not Call List, debt collectors still have the right to call you.
The National Do Not Call Registry was created to stop calls from telemarketers, not from businesses you are dealing with; or had dealt with, and their debt collection efforts. The Federal Trade Commission (FTC) defines a telemarketer as someone who makes or receives calls to or from a customer to get that person to buy good or services or to make a donation (Telemarketing and Consumer Fraud and Abuse Prevention Act). The FTC further defines a debt collector as an individual or business that collects or attempts to debts (Fair Debt Collection Practices Act). By definition, a debt collector isn't a telemarketer and wouldn't fall under jurisdiction of the National Do Not Call Registry.
When the National Do Not Call Registry does NOT include:
- Calls from businesses that you already have a relationship with
- Calls for which you've already given written permission
- Calls that aren't commercial and don't include unsolicited advertisements
- Calls made by or on behalf of non-profit organizations
Read the fine print... When you applied for a credit card or a loan, you most likely gave permission for the bank to use a third party debt collector to collect any delinquent debt from you. This means you gave permission for the collectors to call you to collect the debt from you and signing up for the national do not call list won't stop calls from debt collectors.
If you wish to stop debt collector calls, you should send a written cease and desist letter to stop collector calls, stating that you no longer wish to be contacted. You can also challenge the debt by writing a debt collection agency verification letter.
Read more advice on how to deal with debt collection agency harassment.
Review credit counseling and debt consolidation solutions to payoff debt, or learn free debt settlement tips to chargeoff a percentage owed instead of filing bankruptcy.
Learn the debt statute of limitations for your state.