Rebuilding Your Credit

[RebuildingScore]

My friend is trying to clean up their credit. One credit is a collections agency. They had a payment arrangement setup with this company about 6 months ago, but didn't follow through on the payments.

They sent dv letter to this company along with many of their other creditors. The dv included a request not to be contacted by phone.

Collection agency immediately called and threatened lawsuit.

This is in California USA. Debt is with SOL.

Does my friend have any case because they ignored the written directive not to call or does this not apply if you've already done something like setup payment plan? Here's the verbiage from letter:


I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

[guiness56]

Not sure about the FDCPA but under California law you have that right to request communications in writing only:

If you prefer that the agency contact you only by mail, you may ask them to do that. We suggest that you make that request by certified mail and keep a copy for your records (15 United States Code sections 1692c(1), 1692c(c) & 1692d(5); California Civil Code section 1788.11(d) & (e)).

So they have violated California statutes for certain.

[RebuildingScore]

They're not allowed to make a final call to you to let you know what they're going to do?

[guiness56]

Not under CA law but it also references US Code 15 1692c(1),  1692c(c) and 1692d(5)

I didn't find it there either.  I do know if you send a cease and desist to a CA they can call you and let you know they are either going to stop collecting or sue.  This isn't the same thing.  You are only asking they contact you by mail.  I would see no reason for them to sue.