# Handling a cease-and-desist A **cease-and-desist** is a debtor (or their lawyer) telling us to stop contacting them. We treat these requests seriously and honor them immediately, even when not strictly required by law. ## How we receive them today The two production paths today are both voice-driven: * **During a call: the agent recognises a cease-call intent** (e.g., "Stop calling me", "Don't contact me again", explicit `cease_call` / `stop_calling` / `do_not_call` tool args, or matching free-text phrases). When this happens, `_flag_dispute` in `src/services/voice/function_calls.py` runs the cease-call branch. * **Through the typed `capture_cease` tool** (Phase 01 of the typed-tool registry): writes a `voice.capture_cease_recorded` audit event with the validated params. Other channels described in earlier drafts of this page — explicit "no further contact" buttons in the debtor portal, inbound email cease-language detection, fax-and-letter ingestion — are **planned but not yet available** as automated paths. For those, the cease-and-desist needs to reach our ops team via `compliance@moderncollections.io` (see below). ## What the platform does automatically When the voice cease-call path fires, three things happen synchronously: 1. **`Debtor.call_opt_out = True`** is flipped. The scheduler and `place_call` both re-check this flag at dial time and refuse any future call attempt (defense in depth). 2. **All active email sequences for the placement are paused** (`EmailSequenceStatus.paused`, `next_send_at = NULL`). 3. **A `debtor.call_opt_out_set` audit event** is written, plus the dispute / cease event itself. The placement does **not** move to a dedicated `on_hold` status — that status does not exist in the `PlacementStatus` enum. The cease-and-desist is enforced through the per-debtor `call_opt_out` flag and the per-sequence email pause, not through a placement-level status change. ## What this means legally The legal picture varies: * **Sole proprietor / individual debtor under FDCPA.** A written cease-of-contact request is required to be honored under 15 U.S.C. § 1692c(c). Verbal requests aren't strictly required, but we honor them anyway — it's both ethical and reduces exposure. * **Corporate / commercial debtor.** FDCPA doesn't directly apply, but most state laws and common sense do. We honor cease-and-desist regardless. * **Attorney representation.** Federal law (15 U.S.C. § 1692c(a)(2)) prohibits contacting a debtor known to be represented by counsel for that specific debt. The voice agent has a `capture_attorney` tool that fires on attorney-mention; ops follows up to route future communication through counsel. > This is general information, not legal advice. If you're unsure, talk to a lawyer. ## What you can still do A cease-and-desist on outreach **does not extinguish the debt**. You can still: * **Sue.** A cease-and-desist doesn't waive your right to file suit. If you decide to pursue litigation, work with your attorney. See [Escalating to legal](/for-creditor-partners/creditor-operations/escalating-to-legal.md). * **Recall the placement.** See [Pausing or recalling a placement](/for-creditor-partners/creditor-operations/pausing-or-recalling-a-placement.md). * **Negotiate through counsel.** If the debtor has a lawyer, your lawyer can communicate with theirs. ## What you can no longer do through us * We will not place any further calls to a `call_opt_out` debtor. * Active email sequences for the placement are paused. ## What you'll see in the dashboard There is no dedicated "Hold: cease-and-desist" banner on the placement detail page today. The signal lives in: * The **Timeline tab**, as a `debtor.call_opt_out_set` audit event (and the cease-call's originating dispute/tool event). * The **Calls tab**, where future attempts will be blocked at dial time and the placement won't accumulate new call rows. * The compliance card may reflect blocked outreach via its `can_call` / `can_email` flags. A dedicated cease-and-desist banner is on the roadmap. ## When to recall Recall if you're done — the debt isn't worth pursuing through us, or you'll handle it through an attorney directly. There's no time pressure either way: the `call_opt_out` flag and the paused email sequences mean the placement is dormant until you (or ops) act on it. ## Receiving a cease-and-desist by letter, fax, or email If a debtor or their attorney sends a written cease-and-desist to your office (not directly to ours), forward it to us within 24 hours: email `compliance@moderncollections.io` with the placement ID and the letter attached. Our ops team logs it, sets the `call_opt_out` flag manually, and pauses the email sequences. Direct portal / inbound-email cease detection is on the roadmap; today, written cease-and-desist requests go through ops. ## TODO * Screenshot: `debtor.call_opt_out_set` audit event on the timeline. * Build: portal "Request no further contact" button (debtor view). * Build: in-dashboard banner when a placement has `call_opt_out = True`. *** Last reviewed: 2026-05-24 by Compliance Lead. **TODO: external counsel review.** --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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