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  1. #1
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    Cease Communication - FDCPA

    (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;
    This is what we really want

    (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.
    What is a special remedy? A settlement offer? A notification that the account is being returned to the OC? A lawsuit?

    If such notice from the consumer is made by mail, notification shall be complete upon receipt.

    (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

    And according to the FDCPA:

    803. Definitions [15 USC 1692a]

    As used in this title --

    (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

    So could communication also be reported to a CRA?

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

  2. #2
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    i think this is what you were looking for

    http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

    Point IV I think addresses your question.

    Parul :D

  3. #3
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    So could communication also be reported to a CRA?
    I'm not sure what exactly you're asking.

  4. #4
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    i wasnt sure as well...

    I interpreted it to be 'Could communication to a CRA be considered communication that is protected by the FDCPA and FCRA?'

    Not sure if that is what she was asking - but I figured I would take a stab at it =)

    Parul

  5. #5
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    What I meant (sorry if I confused you)

    if:

    1. you send a CEASE COMM letter to a CA they must cease further communication with the consumer, and

    2. The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium which includes reporting to a CRA,

    then, once you send a CEASE COMM letter they should be bound from reporting to a CRA.

    Sorry, in my original post I included some unneeded info...

    Is this a far-fetched idea?

  6. #6
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    the link above

    I think it addresses your question... the FTC opinion says:

    IV. "Would the following action by a debt collector constitute continued collection activity under 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under 1692e(8).

    Not sure if it applies to your specific situation but it sounds awfully close.

    Parul

  7. #7
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    The issue is whether the collector can continue to collect, and I'd say the answer is clearly YES. They just can't contact YOU anymore except as provided for in the exceptions.

    Ceasing communications with YOU is different from ceasing collection efforts.

    And Parul's quote applies to the 30 day dispute/validation period, not to the "ceasing of communications."

    I think ...

  8. #8
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    I may be crazy for pushing this but someone has got to see what I mean, even if it is far-fetched:

    if:

    1. you send a CEASE COMM letter to a CA they must cease further communication with the consumer, and

    2. The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium which includes reporting to a CRA,

    then, once you send a CEASE COMM letter they should be bound from reporting to a CRA b/c reporting to a CRA is 'indirect' communication with a consumer (they add tradelines to your report, in hopes that the consumer will see them and that will pressure the consumer to pay, isnt that SOME type of communication?)

    We all have dealt with CA's that stick crap on your reports and never write or call you, they just wait for you to pull a report and initiate contact with them.

  9. #9
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    Sorry, can't follow your logic

  10. #10
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    So what you're saying is that if the Collection agency is barred via the cease communication letter that they cannot communicate about the debt to any third party--most importantly any CRA?

    So the very fact that a Collection agency is or will report the debt to a CRA could be considered a violation in and of itself then, since the reporting could be considered communication?

    Wow...that would severely curtail a big stick that many collectors use -- the threat of derogatory credit reporting.

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