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To: Orange1998
After the woman from Fort Worth slams down the phone, the Touchstone crew goes to work. Predictably, she doesn't answer their return calls. So in subsequent days they use tracking software and loan document details to generate letters and leave phone messages with neighbors, co-workers and relatives that they're trying to reach her. Finally, a few weeks later, worn down, the woman accepts a repayment plan.

Slamming down the phone is the wrong response.

From 15 USC 1692:

(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.

(The term "invoke specified remedies" refers to any actions ordinarily invoked by the bill collection agencies or creditors. Choices range from dropping, closing, selling, returning or transferring the account and can include seeking a court-ordered judgment.)

This doesn't excuse your debt! It simply stops the harassment. It also stops the harassment of neighbors, relatives, and co-workers. They are already treading on dangerous ground by doing this, because it's bordering on disclosure of information to a third party.

The call center may be in Pakistan, but it's being run by a US company. It doesn't excuse them from complying with the Fair Debt Collection Practices Act.

3 posted on 09/21/2009 5:38:41 PM PDT by justlurking (The only remedy for a bad guy with a gun is a good guy with a gun.)
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To: justlurking

That’s very good information... thanks.


5 posted on 09/21/2009 6:11:26 PM PDT by deks
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To: justlurking

It certainly never stop them in the past. In practice they have no money to spare to fight it and a Jury will not be sympathetic. Its like breaking the law and then accuse the accuser of breaking another law.


6 posted on 09/21/2009 7:43:58 PM PDT by Orange1998
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