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Q:
Does this stuff really
Work?
A: 2 Words...FEDERAL
LAW
If you are a
collection
agency, chances
are something is
going to pucker
up when you hear
those words
directed at your
business.
For those of you
legally
inclined, here
is some legal stuff
below
Communication
with Consumer
§
805.
Communication in
connection with
debt
collection [15
USC 1692c]
(a)
COMMUNICATION
WITH THE
CONSUMER
GENERALLY.
Without the
prior consent of
the consumer
given directly
to the debt
collector or the
express
permission of a
court of
competent
jurisdiction, a
debt collector
may not
communicate with
a consumer in
connection with
the collection
of any debt --
(1) at any
unusual time
or place or
a time or
place known
or which
should be
known to be
inconvenient
to the
consumer. In
the absence
of knowledge
of
circumstances
to the
contrary, a
debt
collector
shall assume
that the
convenient
time for
communicating
with a
consumer is
after 8
o'clock
antimeridian
and before 9
o'clock
postmeridian,
local time
at the
consumer's
location;
(2) if the
debt
collector
knows the
consumer is
represented
by an
attorney
with respect
to such debt
and has
knowledge
of, or can
readily
ascertain,
such
attorney's
name and
address,
unless the
attorney
fails to
respond
within a
reasonable
period of
time to a
communication
from the
debt
collector or
unless the
attorney
consents to
direct
communication
with the
consumer; or
(3) at the
consumer's
place of
employment
if the debt
collector
knows or has
reason to
know that
the
consumer's
employer
prohibits
the consumer
from
receiving
such
communication.
(b)
COMMUNICATION
WITH THIRD
PARTIES. Except
as provided in
section 804,
without the
prior consent of
the consumer
given directly
to the debt
collector, or
the express
permission of a
court of
competent
jurisdiction, or
as reasonably
necessary to
effectuate a
postjudgment
judicial remedy,
a debt collector
may not
communicate, in
connection with
the collection
of any debt,
with any person
other than a
consumer, his
attorney, a
consumer
reporting agency
if otherwise
permitted by
law, the
creditor, the
attorney of the
creditor, or the
attorney of the
debt collector.
(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.
(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.
**************************************************************************************
Information on
Harassment and Abuse
§
806.
Harassment or
abuse [15 USC
1692d]
A debt collector
may not engage
in any conduct
the natural
consequence of
which is to
harass, oppress,
or abuse any
person in
connection with
the collection
of a debt.
Without limiting
the general
application of
the foregoing,
the following
conduct is a
violation of
this section:
(1) The use
or threat of
use of
violence or
other
criminal
means to
harm the
physical
person,
reputation,
or property
of any
person.
(2) The use
of obscene
or profane
language or
language the
natural
consequence
of which is
to abuse the
hearer or
reader.
(3) The
publication
of a list of
consumers
who
allegedly
refuse to
pay debts,
except to a
consumer
reporting
agency or to
persons
meeting the
requirements
of section
603(f) or
604(3)1
of this Act.
(4) The
advertisement
for sale of
any debt to
coerce
payment of
the debt.
(5) Causing
a telephone
to ring or
engaging any
person in
telephone
conversation
repeatedly
or
continuously
with intent
to annoy,
abuse, or
harass any
person at
the called
number.
(6) Except
as provided
in section
804, the
placement of
telephone
calls
without
meaningful
disclosure
of the
caller's
identity.
**********************************************************************************
How's that for legal
stuff?
So you can see that
you have an option
to get some
breathing room. BUT
you need to send the
letter in a pre
designated form
citing the laws and
specifically
indicating the
actions needed to be
taken.
This is ALL spelled
out in the PDF "