Many consumers believe they have no legal recourse when it comes to preventing third party debt collectors from calling or sending correspondence through snail and electronic mail.
However, the Fair Debt Collection Practices Act (FDCPA) contains a provision that allows you to send a cease and desist letter to end all forms of communication from debt collection agencies such as Atlantic Credit & Finance.
The FDCPA gives debt collection agencies just two options for making contact with you after receiving a cease and desist letter: To confirm reception of the letter or to inform you about an upcoming lawsuit.
An Experienced Lawyer Knows How to Write a Cease and Desist Letter
Drafting a cease and desist letter requires the legal expertise of a licensed FDCPA lawyer. Although a cease and desist letter does not require specific legal skills, consumers that craft their own letters can fall into a legally perilous trap by inserting emotionally charged language.
By hiring a consumer protection lawyer, you ensure the cease and desist letter contains straightforward legal language that conforms to state law. Moreover, you lawyer will send the cease and desist letter by certified mail to ensure timely delivery.
A representative from Atlantic Credit & Finance has to sign for the letter, which lets you know the letter reached the correct destination.
What Your Lawyer Puts in a Cease and Desist Letter
Most FDCPA lawyers follow a template for writing a cease and desist letter that follows state and federal laws. By placing the date at the top of the letter, your lawyer establishes a time stamp that carries considerable weight inside a courtroom.
Following the date is your personal information, including an email address where the court can send important documents.
A FDCPA compliant cease and desist letter looks similar to the following:
“Under the provisions of Public laws 95-109 and 99-361, known collectively as the Fair Debt Collections Practices Act (FDCPA) I formally notify you to cease all communications with me in regards to this debt, or any other debts that you allege I owe.
Please be advised that if collection attempts continue after receipt of this notice, I will immediately file a complaint with the Federal Trade Commission and the [Your State Here] Attorney General’s office.
Additionally, if I’m contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violation of the FDCPA. Please be aware that going forward, after I have confirmed your receipt of this notice, any communications from your company may be recorded to be used as evidence for my claims against you.”
One of the most important provision s of the FDCPA is Section 15 U.S.C. c(c), which permits consumers to file lawsuits that ask for financial damages. If Atlantic Credit & Finance violates one or more provisions of the FDCPA, you have the legal right to pursue actual damages that compensate you for suffering physical and/or emotional distress.
Contact a licensed consumer protection lawyer today to send a cease and desist letter to Atlantic Credit & Finance.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Atlantic Credit & Finance or any other third-party collection agency, you may not be entitled to any compensation.