Debt collectors keep calling me. What can I do?

The federal Fair Debt Collection Practices Act regulates communications in connection with debt collection. In particular, section 805(c) of the Act states the following about ceasing contact:

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.

There are many sample "cease contact" letters for use with third-party debt collectors. For example, the Consumer Financial Protection Bureau (CFPB) provides sample letters you can download. Also see this publication from the National Consumer Law Center that contains a sample letter [PDF]. Also see our research guide on debt collection.

Can debt collectors call my work? Can they call my family or boss?

Section 1692c of Title 15 of the U.S. Code relates to communications from debt collectors. In particular, subsection (b) deals with communications with third parties. It states:

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Click here to review the exceptions allowed by section 1692b. The Consumer Financial Protection Bureau (CFPB) provides information about federal laws that limit what debt collectors can do or say. Also see our research guide on debt collection.

How late can telemarketers call?

Chapter 301 of the Texas Business & Commerce Code regulates telephone solicitation practices. In particular, section 301.051 restricts certain telephone solicitations to the period between 9 a.m. and 9 p.m. (or noon to 9 p.m. on Sunday). Also review chapter 302 of the Texas Business & Commerce Code as it regulates other aspects of telephone solicitations.

For how long can negative information appear on my credit report?

Section 20.05 of the Texas Business & Commerce Code lists the information that a credit reporting agency may not furnish on a consumer report. Certain negative information may not be reported after 7 years. Certain bankruptcy information may not be reported after 10 years. For federal laws regarding credit reporting agencies and the information they may or may not furnish on a credit report, see Title 15, Chapter 41, Subchapter III of the U.S. Code.

For more information, see our research guide on credit reports.

Can I tape a telephone conversation?

Section 16.02 of the Texas Penal Code outlines what is considered an unlawful interception, use, or disclosure of wire, oral, or electronic communications. This is a complex law, though, so if you would like advice on whether you can record a conversation, it would be best to consult with an attorney.

We usually refer people to the Reporter's Recording Guide, a publication put out by the Reporters Committee for Freedom of the Press that discusses the taping laws of Texas and other states. For more information, review our research guide on recording laws.