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Inconvenient to call at home?


IngridA
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I've sent out DV letters (some of them past the 30 day point, I know, I know) and each of them stated the following:

Pursuant to Section 805(a)(1) of the Fair Debt Collections Practices Act, you are hereby notified that it is inconvenient to call me at my home at any time of day. All communication will be in writing only.

The letters were received by most of the creditors by August 7....today I received 2 phone calls from one CA...they have received the letter on August 7...it's an automated call ~I recognize the number and just didn't answer...

Is this considered a violation?

ETA: This actually is an inconvenience, because my husband works nights, so the phone ringing during the day disturbs his sleep...

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If it is a recorded call, do realize it can take the CA a couple of days to process this and remove your number from the system. BUT, do write down each call made and include the date, time, and any messages left, including names. Yes, it is a violation, but, for the above reason, a CA can get around the claim if you filed one. What you will do is continue to note each call until at least 10 business days, then send them a second letter reminding them of first, include copies of letter and green card. When informing them of their violation, be very clear and concise that due to their actions, you now demand they close account, return to their client, delete all negative info at all CRA's, guarantee they will not sell, transfer, or reassign to anyone. Give them 10 days from receipt of letter to postmark their response to you. Failure to comply will result in you taking further action, including naming them in a civil suit. Let them know you are filing complaints with the BBB, FTC, your AG, and their AG, if in another state.

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If a DV is sent timely (within 30 days of initial contact/your knowledge of the issue), then they are not supposed to engage in any further collection activity (including calling you) until they’ve properly responded to the DV request. If the DV was not timely, they are under no such restriction.

As already stated, it’s only reasonable to allow some time for them to actually see and act on a DV letter…just because they receive a letter on a particular date doesn’t mean they can act on instantly…if they are calling you two days later and then it stops then it’s a non-issue, if they are still calling you two weeks later that’s quite another.

I know many on this board disagree but I still don’t buy the “limited C&D letter (telling them they cannot call you at any time based on it being inconvenient). Making that request is one thing; calling it a violation and getting a judge to agree it’s a violation is quite another. The best way to avoid CA telephone calls is not to answer them in the first place.

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