Re: credit calls (from the FAQ on this web site)

Posted by Rafael (172.151.24.42) on September 03, 2003 at 00:03:56:

In Reply to: credit calls posted by tiredofcalls on September 02, 2003 at 22:10:06:

section 805 of the Fair Debt Collection Practices Act:

"(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."

So the consumer can just send a third-party collection agency a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific "remedies," like legal action, but usually the collectors won't even bother.

If the creditor hasn't yet made a decision on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a "cease and desist" notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

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