Sent CA DV letter, Now they are calling

[Secrest]

I sent the CA the DV letter from this site. I sent it the day after I recieved their first letter. Now they started calling me. They left one message saying they needed to talk to me before making a decision on my account. The letter says no telephone contact and only contact with written communication as you know. They have called 5 times. I have not talked to them and I don't plan on it. Any suggestions on what I should do about it. Are they violating since they are calling me.

[ghacorp]

That would depend on whether or not they received the letter. Generally one contact afterwards vis permitted. Telling them to contact you in writing only usually means file suit, then we'll communicate in court. It's not usually a good idea to C&D commuications while in SOL.

[Secrest]

Yes they received the letter. I sent it CMRRR. I got the signed green card back. Hope that helps.

[divemedic]

There is nothing in the FDCPA that allows a limited C&D. It is all or nothing. It would be up to you to see if it were an attempt to collect, which could be your only possible violation there.

[Secrest]

What could they possibly be trying to do other than trying to collect.

[DocDon]

They left one message saying they needed to talk to me before making a decision on my account.

There's no "decision" to make on your account. You asked them to validate, and that's that. There is no reason for them to contact you except to tell you what's going to happen next (per the FDCPA)...

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

There is nothing that says they can call you to "discuss" your account. Sounds like they're ignoring the rules of DV.

[demoncasterouter]

"There is nothing that says they can call you to "discuss" your account. Sounds like they're ignoring the rules of DV."

Yep, that's right. Now what you do is just sit back and (just like the Christmas song)....let 'em call, let 'em call, let 'em call.....

Start documenting the calls. Then when the SOL runs out, file suit! (Unless the debt is less then $1000), then in that case, sue as soon as they call 3 or 4 more times!

[dpgirl]

It's true there is technically no limited C&D provisions but one could use this section of the FDCPA, a consumer can inform the CA that it is inconvenient to receive phone calls at any time and to request that future contact is to be in writing. The consumer is not mentioning ceasing contact but informing the CA what type of contact is inconvenient. Once the CA is aware it is a violation to phone.

805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;