Under the Fair Debt Collection Practices Act (FDCPA), it’s your right to request that a collection agency cease communication with you; a right granted/protected by FDCPA Section 805(c). (It’s called a Cease and Desist Letter or C&D among us credit repair junkies) Basically, it does what it sounds like: forbids a collection agency to contact you once they receive your written request to cease communication. Lately, the question raised was whether a consumer can use the C&D letter to request only contact by letter, or request that the collection agency not contact you at work, etc., meaning the consumer could allow one form of communication, but not another. The answer is “no”.
If you exercise your right to use the C&D letter, you can’t say something like, “don’t contact me at work because I am not allowed to take phone calls and don’t contact me at home because it is inconvenient”. Many people are confused by what to ask for in a C&D letter because there is language in the FDCPA allowing the consumer to request a ceasing of communications; in a separate section of the FDCPA [Section 805(a)(3)], there is language about notifying a collection agency that they cannot contact a consumer at work because they’ve been informed that the consumer’s employer does not allow it. There is also language [FDCPA Section 805(a)(2)] stating that a collection agency cannot contact a consumer when they know it is inconvenient. Of course, the latter is very difficult to prove in court.
The bottom line is that if you send a cease communications letter to a collection agency, all communication, period, must stop. There is no need to spell out the situations in which communication is acceptable or send two separate communications. The request to cease communication will handle all communication situations. There has been a lively discussion about this over on our discussion boards.
By the way, the FDCPA clearly recognizes telephone contact as a legitimate and legal tool for collectors to use to contact consumers about the accounts they are collecting. The FDCPA was not enacted to give consumers a way to avoid their obligations nor to allow consumers to avoid all telephone contact. It was enacted to prevent illegal harassment from collection agencies.
Popularity: 43% [?]
5 responses so far ↓
1 nevergiveup // Jun 19, 2008 at 4:01 pm
I’m not sure of what you are trying to say. First you declare that we can tell the bums to stop all communications period, then you close by pointing out that their obnoxious phone calls are legal…from which I must gather we cannot stop them…which is it?
2 Sam // Jun 25, 2008 at 1:50 pm
yes, i am confused too. i had sent out my ceased and deceased letter but they have nto stopped calling me. they call my house all day, my work number, and my cell phone. i no longer answer any of my phones and i don’t open my mails anymore as i fear it. please advise.
3 Cindy // Jun 26, 2008 at 10:23 am
Just FYI, Kristy is on vacation, I’m sure she’ll have something to say bout your questions when she returns in a few days!!
4 dennis // Aug 20, 2008 at 5:50 pm
rember that it only applies to the collection company not the original creditor-so the original creditor can and probly will continue to call.
5 cynthia // Sep 3, 2008 at 1:44 pm
Found this looking for info on such & what my rights are…
I’ve sent such letters to a hospital I owed & received FOUR letters from them afterwards–which I returned unopened, with note written on them reminding them they’d been sent a cease communications letter.
They turned me over to collection agency, I sent THEM such letter & still got another letter from them.
I’m paying them what I can each month–I’m sorry but my rent, utilities, groceries, child care…family necessities are going to come first. If you can’t evict, repossess, or disconnect, you’re last on the list to me.
They don’t care about your situation. All they care about is their little bonus if they scare you into paying them off.
Luckily I DO have call blocking, I can block up to 12 phone numbers. I’ve blocked every number they’ve called me from & that I could find…that gives me some relief at least.
Leave a Comment