Notice to cease telephonic communication

[jaylon]

I received a response from the FTC regarding a complaint that was filed about calls made after notice to cease telephonic communication was given and it mentioned that the FDCPA doesn't apply to "creditors" collecting their own debts; just to third parties.

[David Merrill]

Originally Posted by jaylon

I received a response from the FTC regarding a complaint that was filed about calls made after notice to cease telephonic communication was given and it mentioned that the FDCPA doesn't apply to "creditors" collecting their own debts; just to third parties.

That sounds like one notice that should be promptly Refused for Cause!

[jaylon]

"Thank you for correspondence regarding debt collection practices. The Federal Trade Commission enforces the Fair Debt Collection Practices Act ("FDCPA" or "Act"), which prohibits unfair, deceptive and abusive debt collection practices by collection agencies and other third party debt collectors. It also gives you certain rights when you are being treated improperly by a debt collector. Although th FTC staff is not in a position to intervene on your behalf in resolving your problem, we would further like to outline some of the provisions of the Act for you and explain how you can use it to avoid further distress. We note at the outset, however, that the Act generally does not cover either the collection of commercial debts or the collection activities of the party to whom you allegedly owe you debt (the creditor) so long as the creditor is collecting in its own name. The Act applies only to third party debt collectors collecting consumer debts."

[2tim215]

Is that what the stautes say? It would seem that you would have the right to demand that all correspondence be in writing no matter who it is that's doing the inquiry. That doesn't seem right.

2tim215

2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[Judge Roy Bean]

The nuts and bolts of the statute relevant to a "collector:"

6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

Depending on the state you're in, you may have some consumer protection laws that may apply, but the FDCPA is not one of them when it comes to an original creditor.

You can, however, simply refuse to respond to them by phone. Learn to live behind the answering machine - Lord knows they do. Just do everything in writing and inform them that is your only choice of communication with them.

[freeindeed]

Originally Posted by 2tim215

Is that what the stautes say? It would seem that you would have the right to demand that all correspondence be in writing no matter who it is that's doing the inquiry. That doesn't seem right.

2tim215

2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

Eventually the FDCPA comes into play if you have an alleged OC that is trying to collect an alleged debt. Most alleged OCs do not have time and even if they have time just write off the alleged debt and sell to a third party debt collector. Just get an answering machine and screen all calls. I screen all my calls period, and if it is someone that knows me they know I do this and will speak so once I know who it is I will answer. There is no law that says you must answer your telephone.

[2tim215]

Thanks Free. I guess Caller I.D. works too.

The FDCPA does not prohibit creditors from collecting or calling. It only applies when they turn it over to a debt collector.

You can:

Change your number,

Get "Selective Call Rejection" (Available with some phone companies.)

Forward your calls to a cell phone, and block the number they call from.

Use the answering machine, as has been suggested, and if you do, use the clip at the end of the first MATRIX movie where Neo says after a phone ring:

I know you're out there. I can feel you now. I know that you're afraid... you're afraid of us. You're afraid of change. I don't know the future. I didn't come here to tell you how this is going to end. I came here to tell you how it's going to begin. I'm going to hang up this phone, and then I'm going to show these people what you don't want them to see. I'm going to show them a world without you. A world without rules and controls, without borders or boundaries. A world where anything is possible. Where we go from there is a choice I leave to you.

[powder]

Originally Posted by HenryBowman

I know you're out there. I can feel you now. I know that you're afraid... you're afraid of us. You're afraid of change. I don't know the future. I didn't come here to tell you how this is going to end. I came here to tell you how it's going to begin. I'm going to hang up this phone, and then I'm going to show these people what you don't want them to see. I'm going to show them a world without you. A world without rules and controls, without borders or boundaries. A world where anything is possible. Where we go from there is a choice I leave to you.

This is a fantastic quote from the Matrix. If I had voice mail at work LOL.

[David Merrill]

I suggest you answer the phone whenever it rings and if they refuse to answer your questions (presuming it is a collector) hang up on them because of that.

Find out their dog's name; whatever. Let them know you are recording their calls and that you will not answer their questions until you know exactly who they are; their address and license plate number, social security number etc. and that you have verified the information that they did not lie to you.

I consider it your telephone and you have the right to control what happens on it. You have the right to answer it, in the event it is somebody new who you want to have a conversation with, somebody not expected to know you are screening your calls.


Regards,

David Merrill.