Fair Debt Collection
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.
If a debt collector is using email to harass you, or if you believe you are a victim of unfair or illegal debt collection tactics, submit your information to a FREE* Fair Debt Lawyer by:
- Clicking here for a FREE* Fair Debt Case Review;
- Calling toll free 888-FDCPA-LAW (888-332-7252);
- Clicking here to locate a FREE* Fair Debt Lawyer.
The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!