May 14, 2010

By: Michelle Grinberg, Esq.

Are you sick of receiving multiple phone calls from the same debt collection agencies?  Do you believe that if you register your phone number with the National Do Not Call Registry the calls will stop?  Unfortunately, this is not the case.

The “Do Not Call List” applies only to telemarketers.  A “telemarketer” is someone who makes or receives calls to or from a customer in order to get that individual to buy goods or services.  However, debt collectors are not telemarketers since their sole responsibility is attempting to collect an outstanding consumer debt and they do not solicit consumers into purchasing goods or services. Therefore, the National Do Not Call Registry does not apply to debt collection agencies.

When a consumer signs up for a credit card or other type of loan, they implicitly give the creditor and any third party collection agency permission to contact them in order to collect the outstanding debt.  In order for a consumer to get debt collectors to stop calling, they should send a written cease and desist letter requesting that they no longer be contacted via telephone.  The Fair Debt Collection Practices Act (FDCPA) affords this right to consumers as well as various other protections against certain actions by debt collectors.