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  1. #1
    Join Date
    Aug 2008
    Posts
    7

    Default Collector Calling After I Sent Written Request to Stop

    My question involves collection proceedings in the State of: Mass. I sent a debt validation letter to a debt collector, also stating on that letter that I do not want to be contacted by telephone. The collector is continuing to call and leave messages on my machine. Can I do anything about that?

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Collector Calling After I Sent Written Request to Stop

    Many people on credit help sites advocate such letters, but there is nothing in the law that allows for the so called "limited cease and desist" letter to be enforceable. Some people state that a consumer may state that it is always inconvenient for a CA to call, but that opens a can of worms that I do not think will stand up to court scrutiny.

    However, if your validation request was timely (and by timely, I mean that you sent it to them within 30 days of your receipt of the 1692g letter) the CA cannot legally continue collection letters until they obtain validation of the account from the creditor, and forward that validation to the consumer. To do otherwise is an FDCPA violation.

    The only other way to get a CA to stop contacting you is to send them a written notice that instructs them to not contact you at all, or states that you refuse to pay. In this case, there is only one option left to them if they want to get paid: they will have to sue.

    If you sent a timely dispute, or a notice that they cannot contact you, and the CA persists, the only way to enforce your rights is to file a lawsuit, preferably in Federal court, to enforce your rights. I would not recommend doing so unless you have quite a few violations of the law. This almost always results in a settlement, if done correctly.

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