South Dakota 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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    • Preview Section 805 communications telling debt collector to stop communicating with you
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    FAQ

    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 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.

    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.

    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.

    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.

    Fortunately, there are legal actions you can take to stop this harassment:Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

    Try not to let all of the calls badgering you from a debt collector get to you. If you need to take a break, you can use this 11 word phrase to stop debt collectors: Please cease and desist all calls and contact with me, immediately. Here is what you should do if you are being contacted by a debt collector.

    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.

    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.

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