What to do when debt collectors use email to
harass you.
Although the FDCPA does not specifically use the term "email" in
its verbiage. It's safe to assume that collectors using email to contact you is
not illegal. However, it is also safe to assume that bill collectors and debt
collection agencies must still follow the FDCPA rules for contacting you. Just
like phone calls at work, emails at work must stop if the collector is told the
employer prohibits such contact. Keep in mind that it's possible for an email
to violate FDCPA notification rules if the employer has a published policy that
says email is not confidential and can/or will be viewed by authorized
employees.
According to the FDCPA, collectors are allowed to contact you via
mail or phone. Again, it's safe to assume email falls within acceptable means
of communication. However, unless you give permission to do otherwise, they can
only contact you under specific conditions:
They can contact you at your place of residence by
phone, mail, in person, by FAX or email during reasonable hours such as between
8 am and 9 P.M..
They cannot contact you at any unusual time or place or
a time or place known or which should be known to be inconvenient to you.
They cannot contact you at work if your employer
disapproves and they are informed of this fact by you or your employer.
For more information see: Harassment
Abuse Tactics - FDCPA
Below is suggested verbiage to stop email harassment:
Dear Collector,
I am responding to your constant emails! In accordance with
the Fair Debt Collection Practices Act, I demand that you:
Stop emailing me at home, at work, or any other location!
In accordance with federal law, once you've received this
email, you may only contact me to:
- Provide proof that I owe this debt that you claim I
owe;
- Provide a copy of my State and Federal rights concerning
this debt including how to dispute this debt;
- Provide proof that you are licensed in my state, and
provide me with your license number;
- to advise me that further efforts are being
terminated;
- to notify me that you may invoke specified remedies;
- to notify me that you intend to invoke a specified
remedy.
Be advised that I am keeping accurate records of all
correspondence concerning this issue, including copies of your email. If you
continue harassing me, you will be in violation of the FDCPA, Section 805(c) --
"Ceasing Collection Calls and Communication"
Consider sending your email with a "Read Receipt Requested" and
printing a copy for your records including the read receipt.
Rich's Enterprises, L.L.C.,
Prattville Alabama Legal Disclaimer
Fair Debt
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