Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Company's are starting to call my work, not sure if I can do anything

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  • Company's are starting to call my work, not sure if I can do anything

    Considering I have not been able to make my payments the calls have started to flood in. I still have not filed but very close. The past week some companies have started to call my work. I just had capital one call 10 minutes ago, but let it go to my voice mail. We have a secretary (nosy one) that takes all the incoming calls, so it's even more annoying. And I am sure after a few more she will pass around the gossip (so to speak). Anyhow I went out and read up on it and it seems we are not protected by any laws against creditors calling your place of employment. The only ones in place are against debt collectors. However is there anything I can say or do that might make them at least cut back? I already am getting 30 calls a day (every 15min) from places on my cell, but calling my work is causing me extreme anxiety.


  • #2
    The FDCPA does not apply to original creditors. However, the FTCA does....sort of.

    From NOLO:

    The FTCA does not specifically prohibit these telephone calls. However, the Federal Trade Commission (FTC) considers a collection telephone call to your workplace from a creditor who has—or should have—reason to know that such a call is prohibited by your employer to be an “unfair or deceptive act or practice.”
    What is the best way to give the creditor a “reason to know?” As with a debt collector, tell the debt collector to stop calling you at work. It’s also a good idea to advise that creditor in writing, stating specifically that such calls are forbidden at your workplace.

    What happens if the creditor continues to contact you at work after you told it to stop? Unlike the FDCPA, the FTCA does not give you a right to sue thr creditor for violations. Instead, you can make a complaint with the FTC. You can do so by visiting its website at The FTC will then conduct its own investigation and, when appropriate, take action against that creditor. Local and State Laws May Prohibit Creditor Calls at Work

    Your local and state laws may also offer additional protection from workplace collection calls from both debt collectors and creditors. State law may also provide for greater damages than what is allowed by federal law. Check with your state attorney general's consumer law department, or a local attorney, to find out what’s legal in your state.

    This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
    Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


    • #3
      Thank you for the response! So when they call today I tell them that my employer does not allow personal calls of this nature, and leave it at that?


      • #4
        That's a start. It's better if you write them, certified mail with a return receipt.
        This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
        Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


        • #5
          Most collectors will stop if you tell them to stop calling you at work.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            Capital One has not so far. I talked to them twice at work on the phone and told them my situation. I even explained that there would be no way I can pay them at this time due to our medical costs (which was honest) and that I am not allowed to take these types of calls at work. Now they have resorted to "robo-calls"........... I had one this morning at around 8:30am at work. I need to file ASAP but trying to save up the money for it without getting our electricity shut off (lol). Luckily my employer doesn't care, but it's annoying and embarrassing.


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