How to respond to a debt collector's letter or calls in Arkansas

What Arkansas law says

The federal Fair Debt Collection Practices Act requires a debt collector to include specific information in its initial notice, including the amount, the creditor’s name, and a statement that the consumer has thirty days to dispute the debt and request the original creditor’s name, under 15 U.S.C. § 1692g. If the consumer notifies the collector in writing within those thirty days, the collector must cease collection of the disputed portion until verification or the requested information is mailed, under 15 U.S.C. § 1692g. The Act also bars collectors from communicating at unreasonable times or places, from contacting third parties except for limited location information, and from continuing communications after a written cease request, under 15 U.S.C. § 1692c and 15 U.S.C. § 1692b. The statute forbids unfair or unconscionable collection methods, and lists several prohibited practices, under 15 U.S.C. § 1692f. Arkansas case law has applied these federal standards when reviewing allegations of harassing or abusive collection conduct, see Born v. Hosto & Buchan, PLLC, and Dunlap v. McCarty, for discussion of harassment and invasion of privacy in collection contexts Born v. Hosto & Buchan, PLLC, 372 S.W.3d 324, 2010 Ark. 292, 2010 Ark. LEXIS 345 (Ark. 2010) and Dunlap v. McCarty, 284 Ark. 5, 678 S.W.2d 361, 1984 Ark. LEXIS 1893 (Ark. 1984).

What to do

1. A common first step is to read the collector’s notice and note the date it was received, since a 30-day dispute period applies under 15 U.S.C. § 1692g.
2. A common option is to send a written debt-validation letter within the 30-day period asking the collector to verify the debt and to provide the original creditor’s name, which pauses collection of any disputed portion while verification is obtained, under 15 U.S.C. § 1692g.
3. A common option is to send a written cease-communication letter asking the collector to stop contacting about the debt; a collector generally must cease further communications after receiving such a written request, under 15 U.S.C. § 1692c.
4. A common step is to keep copies of all letters and records of calls, including dates, times, and what was said, since documentation supports claims about prohibited conduct under 15 U.S.C. § 1692f.
5. A next step people often take is to consider whether allegations of harassment or invasion of privacy might be relevant, noting Arkansas cases that examine abusive collection practices, such as Dunlap v. McCarty.

Grounded in current Arkansas law

• statute15 U.S.C. § 1692g
• statute15 U.S.C. § 1692h
• statute15 U.S.C. § 1692f
• statute15 U.S.C. § 1692b
• statute15 U.S.C. § 1681m
• statute15 U.S.C. § 1692c
• caseBorn v. Hosto & Buchan, PLLC
• caseMcMullen v. McHughes Law Firm
• caseDunlap v. McCarty
• caseMidland Funding, LLC; And Midland Credit Management, Inc. v. Jennifer Briesmeister, on Behalf of Herself and All Others Similarly Situated

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