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Sometimes it feels like spam calls are non-stop, either trying to sell you something or even take advantage of you. But if your phone is ringing because you owe money to a credit card, utility or phone company, you also have rights under the Fair Debt Collection Practices Act.
John Rossen has been trying to silence the debt collector calls.
“Yeah. So it's, it's a real problem,” Rossen said.
He showed us his phone and said he has probably received about 178 calls in the past year. Going back a few months, Rossen found himself in some debt.
“I was not paying back the credit cards and not following up very well, and that's how I got in that situation," he explained.
It was a situation he knew he needed to take care of — and take care of quickly.
“I just took the step on my own to call one of my credit card companies and say, 'Yeah...can we see for — lower interest rate or something.' And just by discussing with them, they're very helpful, by the way, they referred me to the debt management plan, and I just, just it went from months of not facing the situation to getting myself on the plan," he said.
But as quickly as he worked to curb his unwanted debt, unwanted calls started ringing in.
“I was getting these calls from these... companies with very aggressive tactics to try and get me to consider that restructuring plan,” Rossen said.
According to the latest data from the Federal Trade Commission, debt collection calls are surging. Florida ranks 3rd overall with the most. Of the more than 112,000 calls reported to the FTC, 47 percent were flagged as abusive, threatening or harassing.
“They do have to adhere to what's called the Fair Debt Collection Practices Act, so, you know, they can't call you at all times of night. They can't threaten to put you in jail. They can't, you know, harass you, they can't verbally abuse you, that sort of thing. But they do have the right to call unless you send them what's called a cease and desist letter,” Financial Educator Thomas Nitzsche said.
Nitzsche works for Money Management International, a nonprofit credit counseling agency.
“Is there any other way that you can get these calls to stop?” we asked Nitzsche.
“You know, unfortunately, unless you use something like a, you know, a call blocker on your phone, a robo-blocker, that sort of thing, you know, those are ways that you can head off those calls and try to minimize the disruption in your life,” Nitzsche said. “Unless you send the cease and desist, they do have the right to call, they just can't call, you know, at the middle of the night, that sort of thing.”
He says to address the debt right away. That will help with the calls coming in.
“When possible, it's always a good idea to try to negotiate some sort of payment plan or settlement with them for debt that's in collections. If you're getting calls from a third-party collection agency, that means that the original creditor has sold the debt to a collector,” Nitzsche said.
The latest data shows four Florida spots, including Tampa and Jacksonville, in the top ten cities with the most debt collection calls. He says make sure you also report the problem calls to the FTC and the Better Business Bureau.
“If you are feeling harassed, if you're getting verbally harassed or if you're getting calls in the middle of the night, that sort of thing, you should take the time to do that because that's really the only way that they can be held accountable,” Nitzsche said.
As Rossen takes care of his debt, he’s also working to take care of these calls.
“A lot have the local phone number,” Rossen said.
Here are a few more things you can do to protect yourself from those frequent debt collection calls:
Don’t confirm personal information over the phone unless you’re sure the caller is legitimate.
Ask for written verification of the debt. Legitimate collectors are required to do so.
Learn more about the Fair Debt Collection Practices Act.