Ending Creditor Harassment

If you find yourself struggling financially, the last thing you want to deal with is an influx of unsolicited phone calls from creditors or debt collectors. Fortunately, you have the ability to put a stop to these harassing phone calls. And through bankruptcy, you can take charge of your financial situation and clear your debts for a fresh start. At Todd Cushner & Associates, P.C., our bankruptcy attorneys will work with you to get rid of your debts, returning you to firm financial footing.

The Fair Debt Collection Practices Act

The Federal Trade Commission (FTC) legislated the Fair Debt Collection Practices Act to protect debtors from unwarranted solicitations from debt collectors. This law was initially enacted in 1977 and since then, several amendments have been added to further protect the rights of individuals who are burdened by debt.

Federal Trade Commission building

The Fair Debt Collection Practices Act – Noteworthy Aspects

Communication with the consumer generally

Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt —

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

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.

FTC

Hands holding a money tree

Are You Being Harassed by Creditors?

When creditors and debt collectors are persistently contacting you, causing unnecessary stress and anxiety, our team of bankruptcy lawyers is here to help. We can walk you through the steps to successfully cease further solicitations. And we can also navigate you through the bankruptcy litigation process to permanently clear your debts, giving you the peace of mind provided by achieving financial freedom. Contact us today for a free consultation so we can help get you the financial fresh start you deserve.

 
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