does OC have to honor request to not call a certain number

[SeanAndrews]

Are original creditors obligated  to adhere to the customer's request not to contact them at a certain phone number? (let's assume it is not a work #, but just someone you live with). An OC got  smart and reverse looked up a phone number linked to an address, and are now starting their onslaught of BS calls. They had a legit number for me, but I refused to ever answer. 

[pipeguy]

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@SeanAndrews wrote:

Are original creditors obligated  to adhere to the customer's request not to contact them at a certain phone number? (let's assume it is not a work #, but just someone you live with). An OC got  smart and reverse looked up a phone number linked to an address, and are now starting their onslaught of BS calls. They had a legit number for me, but I refused to ever answer. 

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The FDCPA governs "debt collectors" not original creditors. There has been a lot of discussion and legal challenges to what consists of a debt collector, such as if an OC contracts their past due accounts to a local attorney, the attorney is treated as a debt collector and is subjected to the FDCPA including DV rights and C&D contact "requests". On the other hand if a OC has an in house collection dept, that is NOT governed by the FDCPA. The C&D request (requirement) is part of the FDCPA so your answer would be "depends" (on who is calling and how they are connected to the OC). The OC does NOT have to sell the debt to contract it to a third party CA.

Keep in mind that general accounting rules require a bad debt to be "charged off" after 180 days - I'm talking real lenders, not parking tickets, past due movie rentals or  BS "debts" like that. Most bad debts are sold once they are charged off, most does not mean all. Charged off debts are usually not actively worked by in house collection departments. Third Party CA's handle contracted debt and sold debt. In house collection departments work the past due accounts before they are charged off as a rule. If the letters or phone contact you are getting includes the mini Miranda statement, your chances are very good it's a third part debt collector contacting you (in that case a C&D request would apply).

http://credit.about.com/od/debtcollection/g/What-is-the-Mini-Miranda.htm

[RobertEG]

I agree that the FDCPA only permits sending a cease communication letter to debt collectors, not creditors.

However, that does not mean that creditors are totally unregulated.  Many states have, in their civil code, debt collection practices that apply to both creditors and debt collectors.

It may not be a federal violation, but rather an item controlled by your state.  Check out your relevant collection practices under your state civil code.

[SeanAndrews]

Thanks. I wasnt  necessarily talking about a full C&D, just a request to not call a certain number. It was my understanding that if you told a creditor (not sure if OC or CA) not to call you at your work number, they had to comply. However, one could always lie and say the number they reached *was* the work number and not to call there, but i was wondering if pulling the "work#" card on them was really the only way to stop the calls to that number. 

[pipeguy]

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@SeanAndrews wrote:

Thanks. I wasnt  necessarily talking about a full C&D, just a request to not call a certain number. It was my understanding that if you told a creditor (not sure if OC or CA) not to call you at your work number, they had to comply. However, one could always lie and say the number they reached *was* the work number and not to call there, but i was wondering if pulling the "work#" card on them was really the only way to stop the calls to that number. 

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As a rule I would suggest everything be in writing for any debt collection or repair conversation. That being said you can sent them a letter stating that all contact must be in writing and not to contact you by phone. You can include in the letter a statement such as "I am not refusing to acknowledge this account or debt, I am requesting all future contact be in written form only."

This way if its a CA they are required to honor your request, if its the OC they may be required by state law (Great Point Robert, I didn't even think of that valid point) and/or in most cases they'll respect your request anyway. It's one thing if they view you as a "skip" it's another if you continue a conversation towards settlement.