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Limited C&D


Big Time
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"There is nothing in the law to require the CA to honor a limited C&D, so what I do is include a statement in my DV that states all calls to my home are recorded and that calls to my place of employment are prohibited...."

Dive wrote this in an other post.

I thought that; since the law says that a CA "can't call at any time or place that is known to be inconvenient", and you let them know in writng that it's always inconvenient, they can't call at all without breaking that law.

What am I missing?

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I think that is pushing it. The intent of that particular law was to prevent the CA from calling a person who works nights when they know the person is a night worker, you know, that sort of thing. I do not think that any court will accept that, unless they choose to believe that it is a complete C&D.

Just my opinion, and there are others who feel another way. Try it and see what the court says, if you go that far.

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Who decides what is inconvieniant? The CA? The consumer?

What if you also say "communicate only in writing." That can't be considered a full cease communications.

I also just put "all calls will be recorded" as you suggested, which has the same effect.

No case law on the subject, huh?

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