South Carolina Section 805 communications telling debt collector to stop communicating with you

State:
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

    Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

    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.

    Answer the phone and explain you're not the person they're looking for. Tell them that they are calling the wrong number. Send a cease and desist letter to them. If they continue to call, file a complaint with the FTC.

    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.

    Here's how you stop debt collection calls for someone else's debt:Answer the phone and explain you're not the person they're looking for.Tell them that they are calling the wrong number.Send a cease and desist letter to them.If they continue to call, file a complaint with the FTC.

    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.

    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.

    Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

    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.

    The FDCPA prohibits debt collectors from calling you repeatedly, using profane language, making threats, or otherwise harassing you. If a debt collector is constantly calling you and causing you stress, sending a cease and desist letter can stop the collector from harassing you.

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    South Carolina Section 805 communications telling debt collector to stop communicating with you