Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
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407-740-7379
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You Might Be Able to Act Against Harassing Creditors

The Law

You’ve filed bankruptcy and you’re so relieved to know that the debt collectors can’t call you. Everything’s on it’s way to a fresh start and you have  peace of mind every time the phone rings. However, some creditors continue to call you. If you’ve told them verbally and in writing that you have filed bankruptcy and you want them to stop calling you but they continue calling despite your requests to stop, you may be able take legal action against them. The Fair Debt Collection Practices Act The Federal Trade Commission (FTC) which is a national consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from being deceitful in practices to collect from you. But be aware that when you signed up for credit that if you used a cell phone number to be contacted and state that you may be contacted at specific times outside the standard 8 a.m. and 9 p.m., that you have given creditors permission and they may call you.  But when you tell them to stop in writing and verbally on the phone, according to the FDCPA, they have to stop. The Huffington Post reported a case where a creditor was hired to pursue someone using their social media to track their activities and purchases. They were threatened and there is a lawsuit pending.  It’s not a horrible idea to answer the phone and at least get the details of what the debtor is calling about as it could be a debt you weren’t aware of, which was paid and which you could clarify. But any of the...