Hawaii Section 805 communications telling debt collector to stop communicating with you

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Multi-State
Control #:
US-DCPA-17
Format:
Word; 
Rich Text
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Description

Use this form to tell a debt collector to cease all communications with you.

Once a debt collector receives written notice from a consumer that the consumer refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease communications with the consumer except:

  • To advise the consumer that they are terminating their debt collecting efforts
  • To notify the consumer that the debt collector or creditor may invoke specified remedies which they ordinarily invoke, or
  • To notify the consumer that the debt collector or creditor intends to invoke a specified remedy

    This form also also includes follow-up letters repeating your earlier instructions with a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.

    5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement.Threaten to Have You Arrested.Publicly Shame You.Try to Collect Debt You Don't Owe.Harass You.

    The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices.

    Page 2. Collection Agencies and Your Rights: Sending a Cease Communication Letter. Federal law requires collection agencies to stop their collection efforts after they receive a written request to stop.

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

    A cease and desist letter is a formal letter requesting debt collectors to stop contacting you about a debt you owe. The Federal Fair Debt Collections Practices Act (FDCPA) requires debt collectors to cease any communication with you after they receive the letter.

    You have the right to tell a debt collector to stop communicating with you. To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

    The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

    A cease and desist letter is a formal request that you send a debt collector to stop contacting you about a debt. This contact includes collection calls and demand letters. If you make this request over the phone, it won't be official or binding.

    If you believe a debt collector is harassing you, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also contact your state's attorney general .

    More info

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    Hawaii Section 805 communications telling debt collector to stop communicating with you