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Well, I'm trying to find info on Tom Landis from Pa. He's an atty who has been calling my parents demanding to talk to them about me. He revealed it was for a debt, and by the amount he quoted them I know its a debt past the SOL. My parents said he was quite rude, and belligerent to them. I advised my parents to tell him the next time he calls that since I do not live there, he needs to stop calling them and any more calls will be considered harassment. I'm not worried about me, I'm just worried about them, and putting them (innocent parties) in bad position.
My question is: since they are not calling and asking for me, just asking to talk to them about me, would a stop-contact letter work under the debt collection rules? (also - I do know its illegal for collection agencies to tell my parents details, etc but does that also apply to attys)?

Posted: Fri May 23, 2008 4:29 pm Subject:

Your parents need to send him a cease contact letter certified return receipt mail.

Posted: Sat May 24, 2008 12:15 am Subject:

Posted: Sat May 24, 2008 7:29 am Subject:

FDCPA applies to attorneys, if they 'regularly collect debts.' All of the FDCPA, including the fun bits about being sued for violations.

SusieQ · Posted: Sat May 24, 2008 9:43 pm Subject:

I also had a problem with creditors calling my elderly parents, with whom I have not lived for 30 years. One was Advanta. They called them because I have caller ID and don't answer the calls from the creditors (I am in a debt settlement program.) I sent the cease and desist letter on behalf of my parents, not even registered or certified, and got a letter in reply that they can call ME as much as they want. Which I knew. duh. No mention of the calls to my folks, but the calls to them stopped when I advised my mother to first ask for a manager, then to tell the guy that it was illegal to call them more than one time. He was surprised that she knew her rights and agreed to remove their number from the file. No calls since, and it's been about six weeks now.

Posted: Sat May 24, 2008 11:28 pm Subject:

Your rights vary depending on if your collection is from the primary creditor or a third party collector, i.e. a collection agency. Although, in either case you have rights.

1. If you have told the collectors that you CAN NOT receive calls of a personal nature at work and they persist, send them a letter by certified mail to this effect (with a return receipt requested). Should the calls be from the primary lender send your documentation to the State Corporation Commission or the Attorney General for your respective state. If the collectors are from a third party collection agency they fall under the Fair Debt Collection Practices Act (FDCPA) which is a federal law that regulates how they call collect debts. In this scenario include in your correspondence the request that they cease and desist their collection efforts. Once you have done this they are limited to one more contact, period! Also, if the collectors are from a third party contact the company that issued you credit and advise them of the problem, they do not want ill feelings or a poor public image (even if you are past due).

2. You DO NOT have to provide them with a post dated check or your checking account number. Although, if you make a promised payment be sure to keep the promise!

3. Ask the companies if they will re-age your account after three months worth of payments or if they will settle the account (for a percentage of the balance due, although this may not be feasible unless you can borrow the money, perhaps from a family member if not a bank).

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Do cease-contact letters work with 3rd parties?

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