Not Before 8 am or After 9 pm

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Not Before 8 am or After 9 pm

Post by David A. Szwak »

Absent knowledge to the contrary, this would include communications before 8:00 A.M. and after 9:00 P.M. local time. United States v. Central Adjustment Bureau, Inc., 667 F.Supp. 380 (U.S.D.C. N.D. Tex. 1986), aff'd. per curiam, 823 F.2d 880 (5th Cir. 1987). But see: Juras v. Aman Collection Service, Inc., 829 F.2d 739 (9th Cir. 1987) (finding bona fide error).
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

1. Collection agencies have been calling me all hours of the day and night. How can I get them to stop contacting me?

It's against the law for a bill collector who works for a collection agency (as opposed to working in the collections department of the creditor itself) to call you before 8 am or after 9 pm. The law, the Fair Debt Collection Practices Act (FDCPA), also bars collectors from calling you at work, harassing you, using abusive language, making false or misleading statements, adding unauthorized charges and many other practices. Under the FDCPA, you have the right to demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that the creditor or collection agency will sue you. You must put your request in writing.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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