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Castle Law Office

Q
How Can I Stop Creditors from Calling Me Late at Night?

A

Late calls from creditors aren't just annoying — they're against the rules.

The Fair Debt Collection Practices Act restricts phone calls to the hours of 8 a.m. and 9 p.m.

Also keep in mind that no matter what time of day, a creditor is prohibited from calling over and over again in an attempt to annoy or harass you.

Such activities are a violation of the Fair Debt Collection Practices Act. If a collection agency is calling outside the allowed hours, you should keep a log of each date and time as well as the name of the creditor making the call. You can file a complaint against the creditor with the Federal Trade Commission, the Consumer Financial Protection Bureau, your state attorney general’s office, or the Better Business Bureau.

You can also send each creditor a cease and desist letter to instruct that all further communications be in writing. Include your name, address, and account information as well as instructions to cease all communications via telephone. The letter should be sent certified mail with a return receipt, because you want proof they received it.

If creditors continue to call, you may be able to file a lawsuit and collect damages. The Fair Debt Collection Practices Act allows individuals and class action plaintiffs to sue in state or federal court within one year of the violation.

If you're getting creditor calls all the time, it's probably a sign of something more serious with your financial situation. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.

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