Original Creditor calls

[Heli]

represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

[calgirl67]

Certified Mail them a copy of that clause and tell them to cease all direct contact with you and all communication must now go through your attorney.

[catleg]

Well, an OC isn't strictly bound by the FDCPA but some may honor a written cease and desist letter especially if it gives an attorney as a contact number. If they don't then it certainly makes it very clear that their communication is for the purpose of harassment, which leads back to the lawyer.

[Bell30656]

When the law was written the banking lobby really didn't want the OC to be included in the FDCPA. So you have to check your state laws. Some states extend the laws to cover the OC.

Be sure and start the phone call off with a warning that you are recording the phone call for use in civil proceedings. Some will hang up at that point. Others? You just tell them that you are the person they are looking for but at this time you refuse to discuss the debt. I usually then switch topics and ask them if they are watching the Braves or whatever.