How To Stop Debt Collectors from Calling.

Many consumers are behind in paying their bills?  And, many consumers are receiving calls from debt collectors.  Fortunately, the law says how and when they can do that.  For example, they can’t call before 8 a.m., after 9 p.m., or while you’re at work if the collector knows that your employer doesn’t approve of the calls.  Debt Collectors may not harass you or lie when they try to collect a debt.  And, if you ask them in writing to stop calling, they have to stop.

Debt Collectors must send you a written “validation notice” telling you how much money you owe within five days after they first contact you.  The notice must include the name of the creditor to whom you owe the money.

If you don’t want the collector to contact you again, ask for the collector’s mailing address and tell them – in writing – to stop contacting you.  Keep a copy of your letter for your files.  Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received.  Once the collector gets your letter, they are not allowed to contact you again.  Sending a letter to a debt collector you owe money to doesn’t get rid of the debt, but it should stop the contact.  The creditor or the debt collector still can sue you to collect the debt.

If this doesn’t work, contact me at 888-877-5103 or visit our website at www.ConsumerRightsOrlando.com.

Can a Debt Collector Insist That I Call Them Back?

Can a debt collector insist that I call them back?

Can a debt collector insist that they be called back that same day? Consumers are frequently confronted with this demand by debt collectors. “I must hear from you by 4:00 pm today?”

The Staff Commentary by the Federal Trade Commission ('FTC'), the agency charged with enforcement of the FDCPA, states that “[it] is a violation [of law to send any communication that conveys to the consumer a false sense of urgency.”


So, not only does that consumer not have to call back, they may have a case for violation of the Fair Debt Collection Practices Act. In such cases, the consumer can easily find an attorney who will represent them at no charge to them.

Collection Calls or Voicemails from Unifund CCR Partners

Unifund CCR Partners was founded in 1986 and was one of the first companies to purchase defaulted consumer receivables. Unifund's founder and chief executive officer, David G. Rosenberg, founded Unifund to purchase and collect returned checks. In 1989, Unifund began buying distressed loan portfolios on a national scale from small banks and retailers. One year later, the company began purchasing portfolios from large financial institutions. Unifund CCR is headquartered in Cincinnati, Ohio, and it is one of the largest buyers and operators of consumer debt in the nation. In Unifund CCR Partners vs. Youngman, the court reversed a lower court order granting Unifund CCR Partner's motion for summary judgment. Unifund CCR alleged that it was the assignee of Chase Bank, and sued the consumer for breach of contract and account stated, seeking to recover attorneys' fees and the balance owed on a credit card issued to the consumer. The lower court granted Unifund CCR's motion for summary judgment, but the appellate court held that the consumer's cross motion for summary judgment should have been granted instead. The Appellate Court concluded that, to establish standing, Unifund CCR was required to "submit evidence in admissible form establishing that Chase had assigned its interest in [the consumer's] debt to [Unifund CCR]," but it failed to do so. Unifund CCR submitted an affidavit of its agent, a "Legal Liaison" employed by Unifund CCR rather than Chase, as well as credit card statements and account balance documents. The Court found that Unifund CCR did not submit the "requisite business records to establish its standing." The "Legal Liaison" employed by Unifund CCR did not establish personal knowledge of Chase's business practices or procedures, and failed to establish "when, how, or by whom the credit card statements and account balance documents were made and kept." Because Unifund CCR did not establish a proper foundation for the admission of the credit card statements and account balance documents under the business record exception to the hearsay rule, the appellate court held that Unifund CCR did not establish its standing as assignee of Chase Bank. Thus, the consumer's motion for summary judgment against Unifund CCR was granted.

Collection Calls from Bank of America

A Deltona Florida woman had a mortgage with Bank of America and, like many today, needed to modify her mortgage. So, she hired a lawyer a requested a loan modification from Bank of America.

In the process of the modification process, the consumer's attorney sent a letter to Bank of America and formally asked them not to contact her for any reason regarding her mortgage. This type of notification is normal and both state and federal law prohibit a debt collector from contacting the consumer after receiving such letter. Bank of America ignored the letter and continued to contact the consumer.

So, the consumer retained additional counsel who specializes in fair debt collection practices. The new debt lawyer contacted the legal department of Bank of America and requested that the cease all collection calls to the consumer in accordance with state and federal law. Bank of America continued to make collection calls to the consumer. In frustration, the consumer, through her expert debt lawyer sued Bank of America requesting that they stop making collection calls in accordance with the law. Bank of America continued to call the consumer. Then, finally, the case was settled. Bank of America presented the consumer with a lengthy settlement agreement containing a confidentiality agreement. The consumer reluctantly agreed and her debt lawyer agreed to the essential terms of the settlement agreement. However, Bank of America legal department had to have final approval of the settlement agreement. Well, that approval process must have gone to the same department that approves loan modifications. The settlement was never approved, the consumer never received her settlement funds and, her loan modification has still not been approved. Is that the end of the story? No, the consumer is still receiving collection calls from Bank of America.

In most debt harassment cases, Bank of America is exempt from the Fair Debt Collection Practices Act because they are attempting to collect their own debts - a specific exemption in the law. However, they are not exempt under the Florida Fair Debt Collection Practices Act as that law applies to "any person."