Communication with Debt Collectors

The Fair Debt Collection Practices Act (FDCPA) has been written to protect you from abusive, deceptive, and unfair debt collection practices. The last thing your debt collector wants is for you to be educated on your rights. This is why we have outlined ways to help in communicating with your debt collectors in hopes to achieve the results you desire.

Purpose

To better assist you in communicating with your debt collectors during the settlement process we have several helpful tools to do just that:

1. Company recommended debt collector communication.
2. What is considered convenient times for communication.
3. How to stop debt collectors from calling.
4. How to stop debt collectors from calling work.
5. How to stop debt collectors from calling family or friend.
6. How to stop debt collectors from calling your cellular phone.

Company Recommendations

We find that while you are in the program there are certain best practices when communicating with your debt collector. Through our experience we have found that these recommendations provide you and your debt collector the best relationship possible during the settlement process. Below we have highlighted these best practices;

1. Review your caller ID on incoming calls, and never answer the phone when it comes from an unlisted or a toll free phone number. Calls from the company will always show up with a 214 area code.
2. If you happen to communicate with your debt collector politely notify them that Greenshield is representing you in the matter of your debt.
3. We have provided to your debt collector a notification of company representation in matters relating to your debt, but some debt collectors choose to ignore this notification. If you are receiving unwanted calls from such a debt collector you might consider filing a complaint with the FDCPA by calling 1-800-FTC-HELP.

Reasonable Communication

805 [15 USC 1692c] (a) (1) of the FDCPA, outlines the reasonable time of day that a debt collector is allowed to communicate with you. The guideline states that the debt collector may assume that the convenient times to communicate with you are between 8AM – 9PM local time to your location unless otherwise stated by you. If you find the debt collector calling outside of these times do the following:

1. If the debt collector calls you before 8 a.m. or after 9 p.m. your time politely inform them that you do not wish to be called at such a time of day, and please call back between 8 a.m. and 9 p.m. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector calls again outside of the times stated above, politely inform them that they are in violation of the Fair Debt Collection Practices Act 805 [15 USC 1692c] Section (a) Sub-Set (1), and if this persists, you will have to contact your State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

Another interesting item within this guideline is the statement of convenience. This helps you define to your debt collector what are considered convenient times that you will accept their calls. If 8 a.m. to 9 p.m. is not convenient for you to accept calls from your debt collector, then do the following:

1. When the debt collector calls you politely inform them that this is not a convenient time to call you, and please call back between (state the hours of which to call back). Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector calls outside of your convenient times stated by you, politely inform them that they are in violation of the Fair Debt Collection Practices Act 805 [15 USC 1692c] Section (a) Sub-Set (1), and if this persists, you will have to contact your State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

Stopping Debt Collector Communication

805 [15 USC 1692c] (c) of the FDCPA, CEASING COMMUNICATION, informs you that you have the right to stop debt collector communication by providing notice to the debt collector in writing. In short, you may stop debt collectors from calling you by sending them a letter to do so.

This is not recommended in every circumstance, but in cases where a debt collector is using extreme harassment tactics this might be your only course of action.

If this best fits your situation, follow the below steps;

• Step 1: Account Representation – download, print, fill out and sign the this document and send via certified mail to your debt collector.

  Download Document

  Although we have sent similar documents on your behalf, some debt collectors choose to ignore our correspondence, and this is why sending the letter from you in Step 1 is so important. Ceasing communications is a last resort, but if calls continue from your debt collector after you have completed Step 1 proceed with Step 2 .

• Step 2: Cease Communications – download, print, fill out and sign this document and send via certified mail to your debt collector.

  Download Document

Stopping Work Communication

805 [15 USC 1692c] (a)(3) of the FDCPA, COMMUNICATION WITH THE CONSUMER GENERALLY, informs you that a debt collector may not communicate with you at your place of employment if the debt collector knows or has reason to know that the your employer prohibits you from receiving such communication. This simply says that the debt collector is not allowed to call you at work if your employer does not allow such calls. To have them cease such communication, inform your debt collector of the following:

1. If the debt collector calls you at work politely inform them that your employer does not allow such calls, and please do not call you at your place of employment again. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector calls again after stating the above, politely inform them that they are in violation of the Fair Debt Collection Practices Act 805 [15 USC 1692c] Section (a) Sub-Set (3), and if this persists, you will have to contact your State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

Whichever option you chose, you will need to document your communications and correspondence, and if permitted by your state laws, record your communications. This will help if you have to take legal action.

Stopping Family or Friend Communication

804 [15 USC 1692b] of the FDCPA, Acquisition of location information, informs you that any debt collector may communicate with any person other than you for the purpose of acquiring location information. This is the only time that the FDCPA allows the debt collector to contact your family or friends.

Section (1) of this same guideline states that in making this communication the debt collector must identify himself, state that he is confirming or correcting location information concerning you, and, only if expressly requested, identify his employer, and the person does not have to answer any questions asked outside of this guideline.

1. If the debt collector asks more than the above questions of the person, have the person politely state that they are not required to answer more than the above questions and to please stop. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector does not heed after stating the above, have the person politely inform them that they are in violation of the Fair Debt Collection Practices Act 804 [15 USC 1692b] Section (1), and if this persists they will have to contact their State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

Section (3) of the guideline informs you that the debt collector may not contact such person more than once unless the debt collector reasonably believes that the earlier correspondence was erroneous or incomplete. So, if the debt collector persists past the first communication, and the person they spoke with gave them all the location information requested communicate with the debt collector as follows:

1. If the debt collector calls after the person feels that they have answered the debt collector’s questions the first time, have the person politely inform the debt collector that they have answered their questions to the best of their ability and to please stop calling. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector calls again after stating the above, have the person politely inform them that they are in violation of the Fair Debt Collection Practices Act 804 [15 USC 1692b] Section (3), and if this persists they will have to contact their State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

Stopping Cellular Phone Communication

Under 808 [15 USC 1692f] (5) of the FDCPA, informs you that that the debt collector may not cause charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.  In short, the debt collector can’t cost you money through their communications with you. This includes calling you at your cellular number where you incur per minute charges for airtime. To have them cease such communication, inform your debt collector of the following:

1. If the debt collector calls you on your cellular phone politely inform them they are calling your cellular phone and you are incurring charges, and please do not call you on your cellular phone again. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.
2. If the debt collector calls again after stating the above, politely inform them that they are in violation of the Fair Debt Collection Practices Act 808 [15 USC 1692f] Section (5), and if this persists you will have to contact your State’s Attorney General. Thank them for their cooperation in this matter, say nothing else, and hang up the phone.

If you have any further questions please feel free to contact Client Services at (800) 319-1245 or clientservices@greenshieldfs.com.