Arizona Law Against Calling At Work.
/I am frequently asked whether Arizona law prohibits collectors from calling a consumer at work. While Arizona does not have its own law similar to the federal Fair Debt Collection Practices Act or FDCPA, in most cases Arizona debtors are protected by the FDCPA.
Fair Debt Collection Practices Act (FDCPA) Prohibits Calls At Work.
The FDCPA protects a consumer from receiving calls at work “if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such [calls].” So, if the debt collector knows — meaning you have told them before by phone (good) or by letter (better) or by certified letter sent return receipt requested (best) — that your employer does not allow you to take calls from a collector, then they can no longer call you at work. And if they do, they have violated the FDCPA.
Calls Must Be from “Debt Collector”.
The FDCPA only applies to “debt collectors” which includes almost all collectors other than the original creditor. For example, if the calls are coming from a junk-debt buyer, then they are covered. If the calls are from an original pay day lender, then they are not covered. The calls must be from a third party collection agency, collection lawyer, or a junk-debt buyer. Original creditors are excluded.
What To Do If They Keep Calling.
If a collector keeps calling you at work, even after you have told them to stop and that your boss/employer does not allow you to take these types of calls at work, then your remedy will be to take legal action against the collector. You are entitled to recover damages, including statutory damages of up to $1,000, against any agency who has violated the FDCPA.
Call BYBEE LAW CENTER, PLC in Mesa Arizona.
Call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 to set up a free consultation.