question in regards to oral communication. senerio consumer sends CMRRR letter to CA informing them that all further comminucation is to be in writing only. 2 months later consumer files suit against CA for FCRA and FDCPA issues. Ca recieves suit and calls consumer to discuss resolution is this considered a violation since the CA should have only contacted the consumer in writing to resolve the issue? please confirm if my interpretations are correct. thx
Regardless of whether it is a technical violation, how would a judge look at it? Some judges have a preference for the parties at least attempting to settle before going to court. Or at least so I have heard. Do you want to negotiate? Do you want to limit all contact to writing to prevent misrepresentations of the conversation? Did they try to use the call as an excuse to try to collect, or make threats or other FDCPA violations? You could just tell them to write not call, or if they vear the conversation that way, remind them and hang up.
If they did call, and you do not want any communication other than in writing, I would both tell them that, and follow up with a CRRR letter, referencing your earlier letter. A C & D request ends whenever you allow it to.
I did make the Ca aware that they were not to call me and referred to a previous letter that stated all communication should be in writing only. I believe the call was to acknowledge the lawsuit that was filed against them and to refuse my settlement offer. history Ca failed to validate acct but verified it with the CRA and did not flag acct disputed. Ca continued to maintain that acct and ignored all my written requests to delete the acct over a 3 month period. I was ignored until I filed suit, so now that I incurred costs of CMRRR letters and filing and service fees they are agreeing to delete the acct . I should be entitled to reimbursment costs.
Communications under the FDCPA are anything regarding the discussion of the debt itself... If the call kept to the issue of the suit, then it more than likely isn't a communication under the FDCPA, since a key portion of the resolution of the suit is disposal of the disputed account, the account itself would have to be mentioned in at least that manner, that is where this gets muddled, as long as it is discussing 'ceasing collection activity' on the alleged account, it would more than likely fall within the parameters of the first exception to Section 805. You may want to however send a follow-up letter, requesting that all negotiations of the pending suit be in writing, for the protection of the interests of both parties involved. This may be the best way to phrase it. (I can see I will have to make some appropriate changes to my C&D/ITS as well. )
