How Can I Stop a Collection Agency from Calling Me at All Hours?

If you've ever experienced endless calls from a collection agency, you know how frustrating it can be. Constant interruptions, especially outside of regular hours, can disrupt your personal life, work, and overall peace of mind. If a collection agency is calling you at all hours, there are steps you can take to stop these calls, protect your rights, and even explore legal recourse if necessary.

Under the Fair Debt Collection Practices Act (FDCPA), you’re protected from harassment, and debt collectors must follow certain rules when contacting you. Here’s everything you need to know about how to stop collection agencies from calling you at inconvenient hours, how to assert your rights, and where to turn if the calls continue.

Step 1: Know Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) was passed to prevent debt collectors from using abusive, harassing, and unfair tactics. Here are some protections it offers:

• Restricted Contact Hours: Debt collectors can only contact you between 8 a.m. and 9 p.m. in your local time zone unless you give them permission otherwise. Any calls outside of this timeframe are considered violations of the FDCPA.
• Limits on Harassment: Collectors are not allowed to harass you by calling repeatedly or using abusive language. If they do, this is against the law.
• Right to Limit Contact: You have the right to request that a collector limits their communication with you or stops contacting you entirely.

Understanding these protections is the first step to taking action and stopping unwanted calls.

Step 2: Request Limited Contact Times Verbally

Sometimes, a direct and simple request can help. When speaking with a debt collector, firmly state that you don’t want calls outside of a particular timeframe, such as during work hours, mealtimes, or late at night. If you’d prefer specific hours for any contact, let them know when you’re available to talk.

Tips for the Conversation

• Be Direct and Calm: Politely inform them that you don’t wish to receive calls outside of specific times. Collectors often respond more cooperatively when spoken to in a calm, clear tone.
• Document the Call: After the conversation, note down the date, time, and name of the person you spoke with, along with a summary of what was discussed. This record may be useful if the calls don’t stop and you need evidence of your request.

While this approach isn’t legally binding, many collectors will honor such requests to maintain a professional standard.

Step 3: Send a Cease-and-Desist Letter

If the calls persist, consider taking a stronger approach by sending a cease-and-desist letter. Under the FDCPA, a collection agency must stop contacting you after receiving a formal request in writing, except for limited reasons, like informing you about a lawsuit.

Writing an Effective Cease-and-Desist Letter

1. State Your Request Clearly: Begin the letter by stating that you wish to cease all further communication from the agency regarding the debt.
2. Include Identifying Information: Add details that can help them identify your account, like your name, address, and account number (if applicable).
3. Send It by Certified Mail: Use certified mail with a return receipt to confirm they received the letter. This way, you’ll have proof of their receipt.

Once the agency receives this letter, they can only reach out to let you know they’ve received your request or inform you of specific legal actions they may be taking.

Step 4: File a Complaint with the Consumer Financial Protection Bureau (CFPB)

If a debt collector continues to contact you after receiving your cease-and-desist letter, you can file a complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB enforces federal consumer protection laws and investigates companies that violate the rights of consumers.

Filing a Complaint with the CFPB

1. Describe the Issue in Detail: Explain how the collection agency has been contacting you, including any specific times that are outside the legal hours. Be thorough in describing how this has affected you.
2. Attach Evidence: If you have supporting documents like phone logs, your cease-and-desist letter, or copies of any written communication from the agency, attach these to your complaint.

The CFPB will forward your complaint to the debt collector, who is required to respond. This process not only puts pressure on the agency to comply but also helps the CFPB track patterns of abusive behavior by collection companies.

Step 5: Report the Collection Agency to Your State’s Attorney General

Many states have laws governing debt collection practices, often providing more consumer protection than federal laws. By filing a complaint with your state’s Attorney General, you alert local authorities who can take action if state laws are being broken.

Filing a Complaint with the Attorney General

1. Locate Your State Attorney General’s Office Online: Search for your state Attorney General’s website, where you should find an option to “File a Complaint.”
2. Provide Full Details of the Issue: Similar to your CFPB complaint, include detailed information about the collection agency’s contact times and frequency of calls.
3. Attach Supporting Evidence: Upload copies of your cease-and-desist letter, call logs, and any communication from the collection agency.

Many states will investigate cases that appear to involve harassment, so this step can be very effective, particularly if the agency continues to violate your rights.

Step 6: Contact the Federal Trade Commission (FTC)

While the Federal Trade Commission (FTC) doesn’t handle individual cases, it tracks consumer complaints to identify patterns and build cases against companies engaged in widespread abusive practices. Submitting your complaint to the FTC helps create a record that can lead to enforcement actions against repeat offenders.

Steps to Report a Collection Agency to the FTC

1. Visit the FTC’s Complaint Page: Go to ftccomplaintassistant.gov and select “Report Now.”
2. Choose “Debt Collection” as the Issue Type: Fill in all relevant details about the agency’s contact times and behavior.
3. Include Supporting Evidence: Provide as much evidence as possible, including specific times of the calls and any documentation.

Step 7: Block the Collection Agency’s Number

Blocking the number can offer immediate relief from the calls, although this won’t stop other methods of contact. Debt collectors often use multiple phone numbers, so it may be a temporary solution while you follow up with official complaints.

How to Block a Number on Most Smartphones

• On iPhone: Go to your recent calls, tap the “i” icon next to the number, and select “Block this Caller.”
• On Android: Open your call log, tap on the number, and choose the “Block” option.

While blocking may not address the underlying issue, it can provide some relief while you’re working through other channels.

Step 8: Consider Taking Legal Action

If a collection agency continues to call you at all hours or has engaged in other abusive practices, you might want to consider filing a lawsuit. The FDCPA allows consumers to sue debt collectors for violating their rights. If successful, you could be entitled to compensation for actual damages, statutory damages, and even attorney fees.

Finding a Consumer Rights Attorney

Most consumer rights attorneys offer free consultations and will only charge fees if you win your case. They can evaluate your situation and advise you on the strength of your case, including whether the calls from the collection agency are severe enough to warrant legal action.

Step 9: Know the Importance of Staying Organized

Throughout this process, keeping thorough records is essential. Create a file for all related documents, including:

• Copies of Cease-and-Desist Letters: Include dates you sent them and any delivery confirmations.
• Phone Logs: Document each call, including the time, date, and nature of the conversation.
• Written Communications: Save letters, emails, or messages from the agency.

Having organized records makes it easier to prove your case if you need to escalate the issue or seek legal assistance.

Step 10: Know When to Get Emotional Support

Debt collection calls can be emotionally draining, especially if they feel invasive. It’s okay to feel stressed, but remember that help is available. Speaking to a trusted friend, family member, or even a counselor can help you manage the anxiety these calls may cause.