debt_collectors · 3 min read

What to Do If a Debt Collector Keeps Texting You

Receiving repeated text messages from a debt collector can feel overwhelming, but federal law protects you from this contact. Debt collectors must follow specific rules under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). If a collector ignores these laws, you may be entitled to financial compensation.

Why Debt Collector Texts May Be Illegal

Debt collectors often use automated systems for mass texting, which allows them to contact thousands of consumers at once. However, under the TCPA, sending automated texts without your prior express consent may be a violation. The FDCPA also provides strict rules for how and when collectors can contact consumers, and violations of either law can result in the collector owing you damages.

How Much Each Text May Be Worth

The TCPA provides for statutory damages of $500 per violation. This amount can increase up to $1,500 per violation if a court finds the conduct was willful. Because each individual text can be counted as a separate violation, multiple messages may add up to a substantial potential claim against the collector.

When Debt Collector Texts Cross the Line

Common situations that may indicate a violation of federal law include:

• Repeated texts after you asked them to stop
• Texts sent at unusual hours, such as before 8 a.m. or after 9 p.m. your time
• Messages about a debt you do not owe
• Texts sent to the wrong person
• Automated mass messages sent without your consent

If any of these scenarios apply to your situation, the messages may be illegal.

What to Do First

Do not delete the messages you receive, as they are essential evidence for a potential claim. Instead, take screenshots of every text, making sure each one clearly shows:

• The sender's phone number
• The date and time you received the message
• The full, unedited message content

After capturing this evidence, keep all screenshots saved in a secure location on your phone or computer.

How to Tell Them to Stop

Under the FDCPA, you have the right to send a written request telling a debt collector to stop all contact. Once they receive it, they are legally required to cease most communication with you. However, many collectors ignore these requests, and each contact made after they have received your demand can represent a new and separate violation.

Why You Should Not Engage With the Texts

Responding to debt collector texts is often not necessary to preserve your legal rights. In many situations, simply documenting the incoming messages is enough to build a case. For your own protection, you should avoid:

• Admitting to the debt
• Providing payment information through text
• Clicking on any suspicious links

Check Your Phone Right Now

Take a moment to open your messaging app and search for keywords like "debt," "account," or "STOP." Look for any automated messages from debt collectors that you may have previously ignored or overlooked.

If you find texts that appear to violate federal law, Submit screenshots at SpamClaims.com for a free review of your potential claim.

FAQ

Can debt collectors legally text me?

Debt collectors are permitted to text consumers, but they must follow the strict rules of both the FDCPA and the TCPA to do so legally.

What if I never had a debt with this company?

Texts about debts you do not actually owe may be an FDCPA violation, particularly concerning the law's rules against false or misleading representations.

Can I sue for repeated debt collector texts?

Yes. You may be entitled to sue for statutory damages if a debt collector's text messages are found to have violated your rights under federal law.

How much could the damages be?

Under the TCPA, statutory damages are set at $500 per illegal message, which can increase up to $1,500 if the violation was willful.

TLDR

• Debt collectors who send repeated automated texts may be violating the TCPA and FDCPA.
• Each illegal message may be worth between $500 and $1,500 in statutory damages.
• It is critical to take and save screenshots of every text you receive from a collector.
• Search your phone for keywords like "STOP" or "debt" to find other automated texts you may have missed.

Submit your spam screenshots for attorney review

This article is for informational purposes only and does not create an attorney-client relationship.