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Re: Collection question


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Posted by Bear (12.15.80.10) on January 13, 2003 at 01:32:11:

In Reply to: Collection question posted by Frank on January 12, 2003 at 13:31:37:

My understanding of FDCPA is that the bill collector (or CA) can call until one of these things happens:
1. The consumer tells the CA to stop calling.
2. The consumer asks for verification and the CA has yet to provide verification.

Thus, the best thing for the consumer to do is to tell the CA two things: (1) stop calling me at once; and (2) get me verification of the debt.

Step 1 should stop the calls. If it doesn't, the CA is liable under FDCPA.

Step 2 should stop all further collection activities until verification is obained.

The steps are not inconsistent. The consumer can ask for the calls to cease. If the CA's only contact after that is to send the verification of the debt, there is no violation.

Too many consumers are unaware of the strength of Step 1. An oral request to stop is enough to trigger the right. If you have a mailing address, a follow up letter (keeping a copy for yourself) is good added protection.




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