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Is this a violation?

Discussion in 'Credit Talk' started by 242425, Mar 19, 2004.

  1. Mar 19, 2004 #1
    242425

    242425 Well-Known Member

    I sent a validation request to a CA and in the letter it also said that all further contact must be made via mail. They signed for this letter on 03/17. They called my house today, I was at work but the caller id shows the time they called and their name. Is this a violation? I just can't seem to find in the FDCPA where is specifically says this.
    PS. I just found this info about the collection agency.
    http://www.ftc.gov/opa/1998/10/nationwide.htm
     
  3. Mar 19, 2004 #2
    242425

    242425 Well-Known Member

    BUMP
     
  4. Mar 19, 2004 #3
    hiding90

    hiding90 Banned

    The FDCPA allows a consumer so notify a debt collector to CEASE COMMUNICATION with the consumer, with a few exceptions.

    § 805. Communication in connection with debt collection

    (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.

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

    There is NO provision for "selective communication" in the statutes. Meaning you tell them to cease all communication, or NOT.

    The only "close" section, is informing the debt collector not to contact a debtor at work.

    If they received your request for validation, and it was in writing, and within the first 30 days of your original contact with them, they may be in violation of FDCPA 809. IF the call was a collection call. But without further info, it is hard to determine.

    By "combining" or "creating" "new" demands in letters to debt collector and CRA, only serves to weaken the protections already afforded to consumers :)

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
     

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