Cease Communication - FDCPA

Discussion in 'Credit Talk' started by QUEEN_BEE, Jun 28, 2002.

  1. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    (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;
    This is what we really want :)

    (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.

    What is a special remedy? A settlement offer? A notification that the account is being returned to the OC? A lawsuit?

    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.

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
     
  2. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    And according to the FDCPA:

    § 803. Definitions [15 USC 1692a]

    As used in this title --

    (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

    So could communication also be reported to a CRA?
     
  3. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    [EDIT]

    And according to the FDCPA:

    § 803. Definitions [15 USC 1692a]

    As used in this title --

    (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

    So could reporting to a CRA be considered communication?
     
  4. jambe

    jambe Well-Known Member

    Yes. Isn't there even an FTC opinion answering this in the affirmative?
     

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