West Bend, WI asked in Consumer Law for Illinois

Q: How can I stop phone calls from collection agency?

They call every day on my cell and the voice mail message is just a recording saying their name and to hold for a very important message.

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1 Lawyer Answer
David B. Levin
David B. Levin
  • Consumer Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: A debt collector must stop most contact if the debtor tells the company in writing to stop contacting him/her. There are some exceptions. For example, a debt collector who has been instructed to cease contact may contact you to let you know that they are about to take a specific action, such as filing a lawsuit, if they are in fact going to take that step.

It's also worth noting that some debt collector contacts violate consumer protection statutes. For example, calling too early in the morning or too late at night is prohibited (generally before 8 am or after 9 pm) unless you've given permission.

In addition, calls to your cell phone from an automatic dialing system (which most large collection agencies use) violate the TCPA unless you've given permission to call your cell phone.

*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.

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