Debt Collectors Ignored Written Request?

General Rule: If a debt collector ignores a valid written request, you can take action under the FDCPA.

Many different issues may arise during the debt collection process. You may be receiving endless calls from a collection agency or calls at odd hours. Or, you may have received a validation notice for a debt that is not yours.

Whatever the issue, you have the right to send a written request to the debt collector. However, what do you do if a debt collector ignores this request?

Fortunately, the Fair Debt Collection Practices Act (FDCPA) provides you certain rights when dealing with a collection agency. Below you will learn what you can do when a collection agency ignores your written request.

Types of Written Requests Sent to Collection Agencies

There are various requests you may send to a collection agency. Each situation is unique, however, here are some common requests people send to a debt collector:

• Dispute or Request Proof of Debt. If you do not believe a debt is yours you can dispute it. In addition, you can request that they provide you proof that the debt is yours.
• Time and Location of Communication. If you do not want the collection agency calling you at certain times or locations you can make this request in writing.
• Cease-and Desist. You can send this letter if you want all communication with the debt collector to end.

Note: While a collection agency must abide by a request to end all communication, it does not end a valid legal obligation to pay a debt.

The FDCPA: Making the Collection Process Fair

A primary goal of the FDCPA is to ensure that the debt collection process is fair and professional. Congress passed this law because of the many abuses that collection agencies were committing.

As part of this federal law, a debt collector has certain obligations during the collection process. Whether it be a cease-and-desist letter or a request for proof, a debt collector must be responsive to these requests.

In addition, they may not ignore reasonable requests and continue engaging in harassing or deceptive behavior. The FDCPA prohibits many forms of harassment. If for instance, a debt collector continues to contact you after you request they stop, you have a valid claim under the FDCPA.

Note: The protections under the FDCPA address the conduct of third-party debt collectors. You will have to seek other options if you are having issues with the original creditor.

Taking Legal Action Against a Collection Agency

If the collection agency is ignoring valid requests, you have the right to file a lawsuit under the FDCPA. When you file a lawsuit you must provide evidence to prove the specific debt collection violation. As a result, it’s important to keep any potential evidence. In addition, keep notes of all interactions with the collection agency.

If you file a successful lawsuit, you may receive the following results:

• Injunctive Relief. If a collection agency continues the illegal action, the court can order them to stop.
• Statutory Damages. A violation of the FDCPA will result in a mandatory penalty of up to $1,000.
• Personal Damages. If the illegal activity causes you to suffer financially, physically or emotionally you may receive additional compensation. You must prove that whatever damages you suffer are the result of the debt collector’s illegal conduct.
• Cost of Filing a Lawsuit. A successful lawsuit will also obligate the debt collector to pay your court costs and attorney fees.

There are a couple of other actions to consider if a debt collector ignores your written requests. Consider the following options:

• Send Request by Certified Mail. If you sent your initial request by regular mail, consider sending it by certified mail. This will provide proof that the debt collector received your request.
• Submit a complaint. You may send a complaint about the collection agency’s illegal behavior to designated federal agencies. For an FDCPA violation, submit a complaint to the Federal Trade Commission (FTC). In addition, you can submit a similar complaint to the Consumer Financial Protection Bureau (CFPB).
• You can propose a settlement to the debt collector that will allow them to avoid a potential lawsuit.
• You can also seek legal help from a licensed attorney. They can evaluate your situation and advise you on your best options.

Conclusion

We all have a responsibility to pay our debts. However, the collection agency has a responsibility to deal with consumers fairly and honestly.

If a collection agency acts deceitfully about your debt you have the right to sue them in court. If you are unsure about your next steps, consider hiring a consumer rights attorney to assist you.