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Agrant

Sent out a DV, but they won't quit

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We sent out a DV letter, registered mail and they still keep calling it's a lawyers Office and haven't responded to our letter the debt is sol. What do I do next and how?

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Cease and Desist

If a company contacts you at your place of employement after you sent a Cease and Desist, what law does that violate.

Need to know, this happened today.

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it can be multiple violations of the FDCPA

Depends on how you worded your C & D

if you told them to cease collection contacting you again, they may contact you one time only to tell you they are ceasing collection, that they may invoke certain specific rememdies or that they are invoking those rememdies. Any other contact is a violation of 15 U.S.C. 1692©©.

If you told them not to contact you are work because you are not allowed to receive telephone calls at work it is a violation of 15 U.S.C. 1692(A)(3).

If you told them it was inconvenient to receive telephone calls, it is a violation of 15 U.S.C. 1692(A).

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If a company contacts you at your place of employement after you sent a Cease and Desist, what law does that violate.

Need to know, this happened today.

After a C&D has been issued, the only contact allowed is to either tell the consumer they are dropping the matter or suing.

Any communication to any place (place of employment, home, etc) other than above is expressly prohibited - that's what a ceas and desist means...it's an FDCPA issue.

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A small correction in terms here, there is no such thing as a cease and desist letter as far as the FDCPA is concerned. The correct statement would be a "Cease Communication" letter.

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A small correction in terms here, there is no such thing as a cease and desist letter as far as the FDCPA is concerned. The correct statement would be a "Cease Communication" letter.

True enough.

I will admit, using the term “cease communication” is more correct as far as the act goes and that it should be effective. However, I see nothing wrong with using the term “cease and desist”…the term should be abundantly clear to both the third-party collector and the court and could only misunderstand by either the collector or the court by a conscious decision to do so!

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If a company contacts you at your place of employement after you sent a Cease and Desist, what law does that violate.

Need to know, this happened today.

By they way; if you ordered a collector to cease communication (C&D) and they continue to contact you (by telephone in writing, at work, etc) then more important than the “violations”, at least in my always humble opinion, is that their continuing to contact you shows indicates that you are dealing with a collector that is either very ignorant of the law or just doesn’t care….in either case, this is someone you need to be very wary of..

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