Asked by: Dios Calado
personal finance student loans

Can a collection agency call your cell phone?

Last Updated: 26th June, 2020

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Congress passed a law called the Telephone ConsumerProtection Act (TCPA) to govern telemarketing. However, it alsoapplies to debt collection calls. Basically, the TCPAprovides that companies including debt collectors can'tcall your cell with an autodialer. You'll usually hear ashort pause before the call connects.

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Simply so, can a collection agency call your work?

It's illegal for a debt collector to come toyour workplace to collect payment. They may, however,call you at work, though they can't reveal toyour co-workers that they are debt collectors. Tostop these calls, ask the debt collector not tocontact you at work. They must stop, according to thelaw.

Similarly, what can a collection agency do if I don't pay? (A Lot)

  1. A Debt Collector Can Report to the Credit Bureaus. One of themost common actions that a debt collector may take when you fail topay is to report your collection account to the three major creditbureaus.
  2. A Debt Collector Can Call and Write You.
  3. A Debt Collector Can Sue You… and Maybe More.

Beside this, is it legal for a collection agency to call family members?

It's not against the law for debt collectors tocontact your family members. The Fair Debt CollectionPractices Act. Debt collectors can only contact your familyto locate you, not to collect money for your debt, andthey're generally only allowed to contact a persononce.

How long can a collection agency try to collect a debt?

Each statehas a law referred to as a “statute of limitations,”which spells out the time period during which creditors orcollectors may sue borrowers to collect debts. In moststates, they run between 4-6 years after the last payment was madeon the debt.

Related Question Answers

Haroun Nine

Professional

How often do debt collectors sue?

“Typically, a creditor or collector isgoing to sue when a debt is very delinquent. Usuallyit's when you're falling at least 120 days, 180 days, oreven as long as 190 days behind,” says Gerri Detweiler,personal finance expert for Credit.com, and author of the bookDebt Collection Answers.

Terry Iannotti

Professional

Can I pay my original creditor instead of collection agency?

Sometimes the creditor will hire a collectionagency to chase the money for them. Ask the debtcollector if they own the debt. If not, you stillmight be able to negotiate with the original creditor. Inthis case, the debt collector owns the debt,so any payment is made to the collectionagency.

Lele Orbegozo

Professional

What should you not say to debt collectors?

5 Things You Should Never Reveal to a DebtCollector
  • Debt Collectors want to get your personal information.
  • Never admit that the debt is yours.
  • Do not pay a debt collector over the phone.
  • Don't take any threats seriously.
  • The law is on your side.

Moncef Orsoni

Explainer

Can I ignore a collection agency?

The debt collector may file a lawsuit against youif you ignore the calls and letters. If you thenignore the lawsuit, this could lead to a judgment andthe collection agency may be able to garnish your wages orgo after the funds in your bank account. (Learn more about CreditorLawsuits.)

Climent Fuhrers

Explainer

How do you get a collection agency to stop calling you?

The surest way to stop debt collectors fromcalling you is by sending what is known as a cease anddesist letter. In the letter, state that the collectorshould cease and desist further communication withyou.

Shaira Oprandi

Explainer

How many times can a collection agency call in a day?

Collection agencies can only call you atcertain times. They can contact you between 7am and9pm most days but only between 1pm and 5pm on Sundays. They cannotcontact you on holidays. They also cannot contact you (talk to you,leave a voicemail or email) more than 3 times in a 7day period.

Mengyao Puigcorbe

Pundit

Can a debt collector refuse a payment plan?

Collection agencies can and do refusepayments. There's no law saying they have to accept a check ormoney order. When a collection agency won't accept apayment plan in writing, McNaughton says, “she may bebetter off stockpiling her money.”

Alana Borger

Pundit

Can a debt collector take you to court?

The Truth: Under the Fair Debt CollectionPractices Act, bill collectors can't legally threaten totake you to court if they have no intention of doing so.They also can't haphazardly garnish your wages. So ifyou dispute a debt, or simply don't have the cash topay, don't get overly worked up by legal threats.

Rubina Cuspinera

Pundit

Is it illegal for debt collectors to threaten?

By law, debt collectors may not: claim thatyou'll be arrested if you don't pay your debt.threaten to seize, garnish, attach or sell your property oryour wages — unless they are permitted by law to do it andintend to do so. give false credit information about you toanyone, including a credit reporting company.

Deana Mayaga

Pundit

What if a debt collector calls before 8am?

What Debt Collectors Can't Do. Debtcollectors from collection agencies can't do any of thefollowing: Call you repeatedly or contact you at anunreasonable time (the law presumes that before 8 a.m. orafter 9 p.m. is unreasonable). Place telephone calls to youwithout identifying themselves as billcollectors.

Chiquinquira Bakunoff

Pundit

What do you do if a debt collector calls someone else?

If you are getting collection calls for someoneelse:
  1. Take notes.
  2. Tell the collector they have the wrong person, and ask them notto contact you again.
  3. If the collector calls again, tell them you are going to reportthem to the FTC and your state attorney general—and doso.

Murray Agnoli

Teacher

How many calls are considered harassment?

Just one unwelcome call can be harassing,though a single misdial or "wrong number" call may not riseto the level of harassment. It's a good idea to tell therecipient of such a call that you accidentally misdialed thenumber. People who commit telephone harassment are subjectto fines, prison, or both.