I read somewhere on either this form or creditwrench.com that the OC falls under the FDCPA in California and certain other states. I have a loan with Chrysler Financial and would love to send them a cease contact letter since they have been calling me twice a day for the last month straight and nail them with FDCPA violations. I informatin is under California Civil Code 1788-1788.3 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1788-1788.3 If anyone knows please post. Thanks BigAnt
Do you live in CA? If so, then chances are that would apply, however you would want to read through everything in the CA law with a fine-tooth comb. Also, NEVER TOTAL C&D, since the account is still with the OC, chances are the negative status is still within a time frame where negotiations would be an option, but if you totally C&D, you are cutting all other options EXCEPT a lawsuit from the picture. You want to only partially C&D all phone contact. Even if the OC doesn't *HAVE* to comply under the FDCPA, most will honor requests to limit contact as a courtesy, and to prevent if there is another law that allows the stopping of calls, like your states harrassment/nuisance calls laws; a law suit...
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I searched and searched and this is the site I found for all civil codes: http://www.findlaw.com/11stategov/indexcode.html
Also note if the OC presents itself as a CA it can also fall under the FDCPA. For example, having another collection department that uses a name that looks like a CA. I think there is some FTC letter and case law to this effect.
