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By LaToya Irby, About.com Guide to Credit / Debt

Debt Collectors and the Do Not Call Registry

Monday January 12, 2009

I've read consumers complaining about debt collectors calling them even though their number has been listed on the National Do Not Call Registry. Unfortunately, these people end up thinking the law isn't working, when that's not the problem.

The National Do Not Call Registry was created to stop calls from telemarketers. 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 was established it didn't include any of the following:
  • 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

When you signed up for a credit card or loan, you most likely gave permission for the bank to use a third-party collector to collect any delinquent debt from you. So, ultimately, 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 the collector stating that you no longer wish to be contacted. Aside from paying the debt, that's the only way to get a debt collector to stop calling you.

Debt Collector Resources:

Comments

January 23, 2009 at 11:37 pm
(1) Elizabeth says:

I’m flabbergasted that anyone actually thinks that being on the do-not-call list means creditors can’t call them!

Also, is it really true that debt collectors will stop calling if you simply write them a letter asking them to do so? I’ve never heard that before.

January 26, 2009 at 2:01 pm
(2) credit says:

@ Elizabeth – Yes. The law requires debt collectors to stop contacting you after you’ve sent a cease and desist letter. They can only write you one more time to let you know what action they’re going to take next.

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