Is it against the Fair Debt Collection Practice Act to send e-mails to a debtor every other day saying that?

Question

his account is 60 days past due?

Isn't this Harrassment as well as spam?

Answer 1

Although the FDCPA does not specifically use the term "email" in its verbiage, it is 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.

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.

Answer 2

This is a very interesting question. I am not a legal expert, but it seems that the same laws that apply to telephone calls would apply to the Internet. One thing you might possibly do is whenever you get an email and you don't know who it is from click on the box to the left then hit spam at the top (yahoo has this) and it will then go to your bulk mail and you won't have to deal with it again. It's important to remember that you can't open and look at it first or it won't go to spam. Also, you may block that collector under that address, but they may have hundreds of others to use. If they are sending these and it's a workplace email, then you might have something there. They aren't allow to contact you at your place of work. I would make copies and contact a lawyer, because there are laws and guidelines and if they overstep the boundaries.... sue. I have a friend who received phone calls all the time, finally she just told them to contact her attorney, gave his name, address and phone # and it helped. It happened to be her divorce attorney, she never told him she was doing it and he never mentioned it. However, I would not put that in writting if it's not true. Best of luck to you. Some people will stand in judgement of you today, but tomorrow they may be in your shoes and want your advice. Let me know how it turns out.

Answer 3

No. However if they are sending it to your business email account then you can request they cease.

Spam? No. Not under communications prohibitions.....and the other depends on the terms and agreements of the debt which I am sure is covered. Why on earth did you give out your email?

Answer 4

No, it isn't harrassment...they are trying to collect the money you own them.....Why don't you just pay it. They will get it one way or the other. Delaying will only cause penalties and interest to accrue.

The next step will be when they drag you into court...then you will be forced to pay their court costs also.