LAWDOG Fair Debt Collection Practices
Act
MORE DETAIL: Notify
That Efforts Are Being Terminated
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Section 805
(c), (d)
Communication in connection with debt collection
(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.
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(d) "Consumer" defined
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.
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![[FTC Staff Commentary]](oftc5.gif)
Section 805(c)--Ceasing communication.
Once a debt collector receives written notice from a consumer that he or
she refuses to pay the debt or wants the collector to stop further collection
efforts, the debt collector must cease any further communication with the
consumer 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."
1. Scope. For purposes of this section,
the term "communicate" is given its commonly accepted meaning.
Thus the section applies to any contact with the consumer related to the
collection of the debt, whether or not the debt is specifically mentioned.
2. Request for payment. A debt collector's
response to a "cease communication"notice from the consumer may
not include a demand for payment, but is limited to the three statutory
exceptions.
Section 805(d)--"consumer" definition. For section 805
purposes, the term "consumer" includes the "consumer's spouse,
parent (if the consumer is a minor), guardian, executor, or administrator."
1. Broad "consumer" definition.
Because of the broad statutory definition of "consumer" for the
purposes of this section, many of its protections extend to parties close
to the consumer. For example, the debt collector may not call the consumer's
spouse at a time or place known to be inconvenient to the spouse. Conversely,
he may call the spouse (guardian, executor, etc.) At any time or place
that would be in accord with the limitations of section 805(a).
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