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#2260649 - 10/04/21 04:22 PM FDCPA - Acceptable Communication
Mel in WA Offline
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Joined: Mar 2013
Posts: 1,265
If a consumer requests in writing for a debt collector to cease communication based on 1006.6(c)(1) below, I assume this includes everything, such as foreclosure and late payment notices? The exceptions seem very specific (custom) to a particular borrower.

(c) Communications with a consumer—after refusal to pay or cease communication notice. (1) Prohibition. Except as provided in paragraph (c)(2) of this section, if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wants the debt collector to cease further communication with the consumer, the debt collector must not communicate or attempt to communicate further with the consumer with respect to such debt.

(2) Exceptions. The prohibition in paragraph (c)(1) of this section does not apply when a debt collector communicates or attempts to communicate further with a consumer with respect to such debt:

(i) To advise the consumer that the debt collector’s further efforts are being terminated;

(ii) To notify the consumer that the debt collector or creditor may invoke specified remedies that the debt collector or creditor ordinarily invokes; or

(iii) Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

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#2260652 - 10/04/21 04:31 PM Re: FDCPA - Acceptable Communication Mel in WA
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
I do not understand.

A late notice would come from the lender and not a debt collector.

Why would communicating foreclosure information, which likely is dictated by State law, not fall under the Exceptions under (c)(2)(iii)?
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