June 30, 2009

Repeated Cease Communication

Filed under: FDCPA

I love your site, I check it everyday! You are the best authority that I use on consumer rights information (for the consumer) on debt and mortgage. I have a question regarding a cease communication.

If I send a cease communication to a CA who represents an “OC” JDB and I address the JDB and CA in the letter, since the CA is an agent of the JDB and essentially employed by the JDB, would that cease communication pertain to the CA and JDB?

Thanks For Everything You Do!

Chris

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Hello Chris,

It would be my opinion that the junk debt buyer would have to be notified directly.  For example, in Udell v. Kansas Counselors, Inc., 313 F. Supp. 2d 1135 (D. Kan. 2004), the court noted that a collection agency after receiving a cease communication for a debt would not be barred on communicating with the consumer on a new ‘different’ debt.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

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