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California Debt Blog: Do Not Call List Basics

April 8, 2010 by Jonathan Stein

Question:  If I place my name on the Do Not Call Registry, will it stop my creditors from calling me?

 

Answer: No.

The Do Not Call Registry will prevent telemarketers from calling your home or cell phone. Once you have been on the list for 31 days, telemarketers are no longer permitted to call you. If they do, you can file a complaint. There are some exceptions for charities, political organizations, surveys, and companies with which you have an existing business relationship.

 

However, if you owe a debt, creditors have the right to call you. However, there are limits on the tactics creditors can use to collect from you. Under the Fair Debt Collection Practices Act (FDCPA), creditors cannot use abusive, unfair or deceptive practices to collect. The FDCPA covers many types of debts, including personal debts, mortgages, medical debts, car loans, and medical bills, among others. The FDCPA does not cover loans to start a business.

 

So how do you get a creditor to stop contacting you? Notify them in writing, using certified mail with a return receipt requested. Once receiving your letter, a creditor is not allowed to contact you again, except to let you know there will be no further contact, or to let you know they will be taking specific action, such as filing a lawsuit against you.

Categories: Current Affairs, FDCPA, Rosenthal FDCPA

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