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Established Contributor
jcstarkey8826
Posts: 704
Registered: ‎06-01-2012

Did CA violate FDCPA?

I received a dunning notice from a CA about 2 months ago. I sent back a DV letter, in the last paragraph I stated a cease and desist to all contact, and requested no contact be made with my family about the debt as well. I havent heard from them since.

 

They sent my mom a letter a couple of weeks ago, as she was the co-signer on the loan, offering a settlement. Stating their attempt to collect.

 

Would I be right, in assuming either A) I cant request cease and desist for someone else, and/or B) because she was on the loan and didnt mail anything herself, they have the right to contact her.

 

Not a big deal, she sent them the same DV letter I did, but I was just wondering about this scenario.

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Moderator
pizzadude
Posts: 8,122
Registered: ‎01-28-2010

Re: Did CA violate FDCPA?


jcstarkey8826 wrote:

 

Would I be right, in assuming either A) I cant request cease and desist for someone else, and/or B) because she was on the loan and didnt mail anything herself, they have the right to contact her.

 


Yes, that is my take on it as well.   Your C&D applies for you only, not for other co~signers on the debt/account.  

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Valued Contributor
rckstrscott
Posts: 2,656
Registered: ‎04-25-2011

Re: Did CA violate FDCPA?


pizzadude wrote:

jcstarkey8826 wrote:

 

Would I be right, in assuming either A) I cant request cease and desist for someone else, and/or B) because she was on the loan and didnt mail anything herself, they have the right to contact her.

 


Yes, that is my take on it as well.   Your C&D applies for you only, not for other co~signers on the debt/account.  


Correct, no violation.

 

-scott

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Mega Contributor
RobertEG
Posts: 17,229
Registered: ‎03-19-2007

Re: Did CA violate FDCPA?

Yes, I see a potential violation.

 

Your cease communication insertion into the DV was, providing the DV was timely, both unnecessary and of less impact than your DV.

Cease communication requests under FDCPA 805(c) are less comprehensive than a DV.  A DV imposes a total cease collection bar.

That requires cessation of all collection activity, including any communications with parties asserted to be responsible for the debt.

 

Was your DV timely?  If so, their communication would be a violation of FDCPA 809(b).

Established Contributor
jcstarkey8826
Posts: 704
Registered: ‎06-01-2012

Re: Did CA violate FDCPA?

I sent it the day I received first communication from them via telephone. No letters had ever been received, until two months afterwards. Im not sure what is legally timely?

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Mega Contributor
RobertEG
Posts: 17,229
Registered: ‎03-19-2007

Re: Did CA violate FDCPA?

[ Edited ]

An  untimely DV is one sent more than 30-days after receipt of dunning notice.

 

A timely DV is one sent either prior to receipt of dunning notice, or within 30 days of its receipt.

Established Contributor
jcstarkey8826
Posts: 704
Registered: ‎06-01-2012

Re: Did CA violate FDCPA?

Then this should be timely. I never received a letter, just a phone call my mother received and she referred them to contact me. They called, I sent DV, they mailed her a letter a couple of months later. Its not on my credit reports, and they have yet to verify the debt, so for now Im ok. Was just wondering about this because it seemed like a gray area.

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