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  1. #1
    Join Date
    Apr 2010
    Posts
    2

    Default Collection Agency is Calling My Cell Phone

    My question involves collection proceedings in the State of: Illinois.

    Hey...I have a collection agency calling my cell by human . I recorded the call and clearly told the representative to stop calling my cell but yet they still do. My question is, is there some law in place whereas I can sue the collection agency for calling my cell? I'm thinking maybe Telephone Consumer Protection Act or Fair Debt Collection Practices Act? Please advice.

    Thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Collection Agency

    It's not illegal for them to call your cell phone if they're trying to collect a debt.

    If you want them to stop calling you, send a letter, certified, return receipt requested, telling them that they may no longer contact you by telephone, that all future communications must be in writing.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Collection Agency

    Quote Quoting LawResearcherMissy
    View Post
    If you want them to stop calling you, send a letter, certified, return receipt requested, telling them that they may no longer contact you by telephone, that all future communications must be in writing.
    last I knew you either issued a cease and desist demand or you didn't. I am not aware of being able to issue a partial cease and desist demand.


    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
    (1) to advise the consumer that the debt collector’s further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

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