How do I stop collection calls?

Published: Thursday, August 31, 2006

Under Section 805(c) of the Fair Debt Collection Practices Act (FDCPA), consumers may send a debt collector written notice to cease communications in connection with the collection of a debt or may send written notice that the consumer refuses to pay a debt. In either case, the debt collector may not communicate further with the consumer with respect to the debt in question, other than to (1) advise the consumer that the debt collector's further efforts are being terminated; (2) 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, notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

The statute requires that a cease communication request be sent directly to the debt collector rather than to the creditor. Because "an agent cannot be imputed with information that her principal has failed to give her," a request to cease communication sent to the creditor does not obligate the debt collector to cease communication efforts with the consumer. Additionally, debt collectors are not obligated to comply with an oral cease communication request.

It should also be noted that Section 805 of the FDCPA defines consumer broadly to include the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. Therefore, upon receipt of a cease communication request, a debt collector must also cease communications with all the above parties.