I have already been reading the FCRA and FDCPA (and ) TCPA but it is too much to digest clearly. I am attempting to locate something on that b/c I keep seeing contradictory information about it. How can they can they call, if I said NO CALLS? I should've replied and I had a recorder all prepared to go, but your debt is just in husband's name so unsure how that could help.
For us, there is no conflict. No calls is common English for "It is inconvenient for me to receive phone calls." The FDCPA states that it is illegal for a debt collector to communicate via INCONVENIENT MEANS. So, they would have to argue that if you wrote that they are to make NO CALLS, they took it to mean something entirely different from "it is inconvenient for me to receive phone calls." The other part of the Ceasing Communications clause is a total C&D, you want to be careful of how you word any limiting of communications to avoid the word CEASE, because they could misinterpret the LIMIT to be a CEASE, which would open up the final communications for the three specified reasons.
Thanks Jam for unfolding your knowledge it clears my all doubts. Can you tell how you can gain the knowledge please share so that I can also called as an educated customer like you? Thanks once again.
Well, a long time ago, a CAA (Collection Agency Attorney) made the mistake of filing a suit against me (despite the fact that they never showed at either of the hearings), I had nothing better to do than spend 18 hours a day for 2 months, reading the entirety of the FDCPA and FCRA (and the rest of the FTC Act, for good measure), study and postulate on boards as I was expanding my knowledge. The day of the second hearing, after they didn't show up again, I found out that 'their client' sold the account to another sucker who really wasn't too happy to find out that the suit the previous CAA filed was dismissed the same day that they purchased it. Since then I have been putting that knowledge to great use, and using my adversaries to further my knowledge. For instance, Saturday I received a letter from a CAA, who referenced cases where the "Subsequent CA Strategy" was called into question. So thanks to them telling me that "the cases are out there", I looked them up and thought through the cases to find their Achilles heel.
