cease phone contact

[SeanAndrews]

If you have a CA starting to call you and you determine who the CA is based on the phone number, but that is all you know - can you send them a cease telephone communication letter with only your phone number, name and address as the reference for them to look it up? Based on what I found, they are likely collecting on an overdue power bill but I am not positive. I do not recall getting any letters from them yet, but I understand some of these CA's will call you before they even get the 30 day letter out to you.

I would imagine that even though you do not reference the OC in the letter, they should be able and obligated to comply with your request.

[pizzadude]

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@SeanAndrews wrote:

If you have a CA starting to call you and you determine who the CA is based on the phone number, but that is all you know - can you send them a cease telephone communication letter with only your phone number, name and address as the reference for them to look it up? Based on what I found, they are likely collecting on an overdue power bill but I am not positive. I do not recall getting any letters from them yet, but I understand some of these CA's will call you before they even get the 30 day letter out to you.

I would imagine that even though you do not reference the OC in the letter, they should be able and obligated to comply with your request.

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Yes, you are correct ~ if you send them a cease communications letter then they are required to stop calling you.

Also, you could go ahead and send them a proactive DV, requesting that they validate the debt that they are calling you about.    They are required to cease collection activites ( including phone calls ) until then have validated the debt.

[ficojoe]

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@SeanAndrews wrote:

If you have a CA starting to call you and you determine who the CA is based on the phone number, but that is all you know - can you send them a cease telephone communication letter with only your phone number, name and address as the reference for them to look it up? Based on what I found, they are likely collecting on an overdue power bill but I am not positive. I do not recall getting any letters from them yet, but I understand some of these CA's will call you before they even get the 30 day letter out to you.

I would imagine that even though you do not reference the OC in the letter, they should be able and obligated to comply with your request.

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Just remember that if you actually owe a debt and you tell the CA to cease and desist, you may be forcing their hand and cause them to sue you.

[SeanAndrews]

No I said i was going to tell them to cease and desist telephone contact, there's a difference. I don't mind if they send me letters and offers in the mail,. but I will not be badgered over the phone about it. 

[SeanAndrews]

So how long do you have to wait before you can claim that they are violating the FDCPA by continuing to call you despite your cease telephone contact? They signed for my letter on Thurdsday of this week, but the past two days I still received a call. I realize that one can't expect them to update their records the same day they got the letter, but I would expect that 2-3 days after, it should be done. (or perhaps this particular CA doesn't know the law and laughed at my letter, or figure they will take their chances that someone who can't pay their bills won't initiate any sort of action agaisnt them)

[ficojoe]

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@SeanAndrews wrote:

So how long do you have to wait before you can claim that they are violating the FDCPA by continuing to call you despite your cease telephone contact? They signed for my letter on Thurdsday of this week, but the past two days I still received a call. I realize that one can't expect them to update their records the same day they got the letter, but I would expect that 2-3 days after, it should be done. (or perhaps this particular CA doesn't know the law and laughed at my letter, or figure they will take their chances that someone who can't pay their bills won't initiate any sort of action agaisnt them)

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I do not believe you have any legal right to request them cease phone contact. You can inform them of inconvienant times to call. You can inform them that they cannot call at work, but you cannot tell them they can never call you without giving them a complete cease and decist, which very well may force them to sue if the debt is legit.

[SeanAndrews]

I have done this many times, even with OC's, and they oblige. 

[RobertEG]

The actual cease communication provision of FDCPA 805(c) states that "the debt collector shall not communicate further with the consumer with respect to such debt."

It does not expressly provide for cessation of individual means of communication, such as via telephone.

However, case law has affirmed the right of a consumer to permit some forms of communication, such as in writing, as their express waiver of their own total cease communication bar, so their is precedent for a cease telephone communication bar.  If they continue to do so, that is a violation of FDCPA 805(c) that can be dealt with either by complaint to the FTC or bringing your own civil action.

If they have not sent dunning notice, any DV you send will be timely, and thus invoke a more comprehensive cease collection bar on them.  if you take that path, they cannot have any communication with you, and you likewise should not call them, until debt verification has been provided.

If you still want to negotiate with them, a DV might not be the preferred action.

[SeanAndrews]

Thanks Robert. I would just like to know at this point WHICH of my 4 or 5 collection debts they are calling about. At this point all I know is who they are, and that they have been sent a ceast phone contact letter last week.  I know the debts won't go away, so negotiation is in the future but I know that unless you have an equally strong personality as the bullies on their side, dealing with them on the phone will not be in your best interest, just writing.

(I would also make the same argument that you did - that I am giving them an option to still contact me, which is a subset of total ceasing and desisting. However, it should be covered as part of the law because it is asking them to cease one of many forms of contact, just not all).

p.s. In my cease phone contact letter, I also asked them for DV. 

[RobertEG]

If you asked for debt verification, that automatically invokes the cease collection bar under the statute.  It is not a request from you regarding what they can or cannot do, it is an automatic provision of statute.

I know of no case law that permits waiver of any portion of collection activities imposed by a timely DV.   Legally, they are prohibited from communicating with you in any manner regarding the debt until they have provided verification.