General Rule: If a debt collector ignores a written request to stop communication or certain illegal action, they are in further violation of the FDCPA. You can report them to a federal agency or take legal action.
A debt collector may take aggressive action to collect on a debt. Their behavior may feel like harassment and, in some cases, clearly violate the law. When this happens, your quickest solution may be to send a written request demanding the debt collector to stop.
In some cases, a debt collector will be responsive to your written request. However, sometimes a debt collector will ignore that request. What do you do when this occurs? Fortunately, there is additional action you can take under the Fair Debt Collection Practices Act (“FDCPA”).
While you may be responsible for a debt, collection agencies must follow certain requirements as well. Below are details on when you may submit a written request and what to do if a debt collector ignores that request.
Why Send a Written Request?
If you are a consumer with a personal debt, you have rights under the FDCPA against third-party debt collectors. You can also send reasonable requests such as times you do not want to be contacted.
If a debt collector violates your rights or ignores any requests, you will want to put it to a stop quickly. Often, the quickest way to do so is to communicate the violation directly to the debt collector.
For instance, a repeated complaint with debt collectors is that they are harassing you. This may be because they are calling you at odd hours or repeatedly. You may even receive calls from someone who is using obscene or threatening language. When this happens you can send a cease-and-desist letter. A collection agency must then stop all communications.
However, you can submit a written request to stop other illegal behavior from a debt collector. You may also send a written request to a debt collector to dispute a debt. Whatever written request you submit, a debt collector must at least be responsive. When a written request is ignored, you must consider other options.
Note: If you are contemplating sending a written request, consider sending it by certified mail. This will prove delivery occurred if the collection agency later denies receiving your request.
Additional Options if a Debt Collector Ignores Your Written Request
While a written request is a great option, there are other ways to get a debt collector to comply with the law. However, before you take further action, consider the following factors:
- When did you send the written request? It’s important to give a debt collector enough time to respond to your request. It may take a couple of weeks for the appropriate person to receive and process your request.
- Did you send the letter to the right address? If a debt collector takes over your debt, the original creditor is no longer the person you need to speak to. Make sure you send the request to the debt collector, not the original creditor.
If you still have not received a response and it’s not urgent you can consider sending a follow-up request. If you do so, send it by certified mail. If a debt collector is still not responsive, consider the following options:
- Seek a Consultation with an Attorney. Now may be a good time to discuss your case with an attorney. They have experience in dealing with debt collectors and can provide you with legal advice on your situation.
- Report the Debt Collector to the Appropriate Federal Agency. The Federal Trade Commission (FTC) takes care of the enforcement of the FDCPA. For FDCPA violations, submit a complaint to the FTC. You can also submit a complaint to the Consumer Financial Protection Bureau (CFPB). This federal agency accepts general consumer complaints.
- File a lawsuit. For ongoing violations, consider suing the debt collector. The court can order the collection agency to stop and make them compensate you for the violations. Compensation can include statutory damages (up to $1,000), payment for losses and court costs.
Conclusion
Many debt collectors will properly respond to a consumer’s written request. Unfortunately, there are some who will ignore your request and even escalate their illegal behavior.
If a debt collector is ignoring you, consider discussing your situation with a consumer rights attorney. You may need to take more serious action. If so, they can advise you on how to address whatever debt collection issue you are facing.