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I sent Cease and Desist letter to LVNV but now getting calls from attorney's office. Violation?


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I C&D'ed LVNV and now I'm getting calls from Weltman, Weinburg & Reis trying to collect it. Should I C&D them too or would the first C&D to LVNV be enough? I am within SOL but dont care about getting sued. I really just want to rack up some violations so I can send my attorney after them and get it deleted.

 

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It's a different approach but I would talk to your attorney first to get in step with his game plan. In order for the violations to accumulate I would guess you would want to have the calls continue to come in so you can record them and take pictures of the screen and develop the quantity of violations. Would suggest, however, you follow the lead of your attorney he might have a different plan. 

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Are you sure the law firm is collecting for LVNV?  If so, this is not a clear-cut violation. 

 

You told LVNV to stop contacting you.  They haven't contacted you.   They turned it over to a debt collection law firm.  1692c© states:

 

c) 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.

 

That shows they have to cease communication with you.  It doesn't say they must stop collection efforts.  (2) states that they can invoke remedies ordnarily invoked by a debt collector or creditor.  One of those remedies could be a lawsuit.  However, it might also be to hire a collection agency to collect for them.

 

It would be a matter of finding out if collection attempts by another debt collector for LVNV would constitute a communication from LVNV.

 

In the meantime, as HueyPilot states, keep a record of the calls.  If they leave messages, save them.  If there are no messages, save your caller ID record.

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It's a different approach but I would talk to your attorney first to get in step with his game plan. In order for the violations to accumulate I would guess you would want to have the calls continue to come in so you can record them and take pictures of the screen and develop the quantity of violations. Would suggest, however, you follow the lead of your attorney he might have a different plan. 

 

Yup I'm keeping records. No message but I hope they'll leave one. This attorney is really good but really hard to get a hold of so that's why I'm trying to figure things out on my own.

 

Are you sure the law firm is collecting for LVNV?  If so, this is not a clear-cut violation. 

 

You told LVNV to stop contacting you.  They haven't contacted you.   They turned it over to a debt collection law firm.  1692c© states:

 

c) 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.

 

That shows they have to cease communication with you.  It doesn't say they must stop collection efforts.  (2) states that they can invoke remedies ordnarily invoked by a debt collector or creditor.  One of those remedies could be a lawsuit.  However, it might also be to hire a collection agency to collect for them.

 

It would be a matter of finding out if collection attempts by another debt collector for LVNV would constitute a communication from LVNV.

 

In the meantime, as HueyPilot states, keep a record of the calls.  If they leave messages, save them.  If there are no messages, save your caller ID record.

 

I guess I will C&D these guys too asap.

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