Okay, on a forum at another website, the suggestion was made for a debtor to send a partial C&D to a CA that was constantly calling/harassing a person's place of employment. Another forum regular commented that the FDCPA does not allow the debtor to request a partial C&D - that according to 805 it was all or nothing. Maybe I am missing something but after reading Section 805 a few times, I am now inclined to agree with this assertion. So, I have excerpted the pertinent section(s) of 805 below and I am wanting the opinions of others - does this statute only allow the consumer to request a complete end to all communication, or is the law open to interpretation and thereby allow that it is also "implied" that the consumer may request partial C&D - i.e. my employer does not allow such calls at work - you may contact me only in writing or contact me at the following phone number between the hours of....? § 805. Communication in connection with debt collection [15 USC 1692c] (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
Here's just my .02. A "limited" C & D, as we like to call it - IMHO we are actually exercising our 805(a) rights. We are saying it is inconvenient to talk on the phone, so we will talk by letter , AND it is definitely against the rules to call us at work. § 805. Communication in connection with debt collection [15 USC 1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
jlynn beat me to it... Basically, under 805(a) UNLESS THEY ARE NOTIFIED OTHERWISE, they have the right to assume that you can receive calls during regular hours... Defined by the FDCPA as 8 am - 9 pm... The limited c&d tells them that all calls are "inconvenient to the consumer". So that 805(a)(1) requires that they honor your request to not be called at all since you have given them knowledge to the contrary of the assumption provided by 805(a)(1).
A google and findlaw search makes several references to FTC opinion letters regarding section 805, but these are related to 3rd party disclosure or the CA failing to head requests to C&D. Absent a court decission or other case law, I am going to continue to advocate the use of limited C&D. Thanks, Michael
Re: Re: C&D? Question for Butch... Sorry - I was not intending to offend, simply trying to get a better understanding of some of the subtleties of the FDCPA. I should point out that although I asked the same question at several different boards, at no time did I mention any names or point any fingers. Seems I once read that it is better to remain silent, so as not to appear the fool, than to open ones mouth and erase all doubt! The question seems to have been adequately addressed - again, my appologies, Michael
