On September 20, 1977, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA) that leveled the legal playing field between consumers and third party debt collectors.
If CBE Group, Inc. contacts you in regards to an unpaid credit account, federal law grants you the legal right to send a cease and desist letter asking the debt collection agency to stop trying to communicate with you.
In addition to giving consumers the right to send cease and desist letters to third party debt collectors, the FDCPA grants several other legal protections. A debt collection agency like CBE Group, Inc. is not allowed to use abusive language or threaten consumers into paying outstanding debts.
The FDCPA also prohibits debt collectors from implementing deceptive debt collection practices, such as impersonating a professional that works in the American judicial system.
Sending a Properly Drafted Cease and Desist Letter
Consumers can write cease and desist letters to third party debt collectors. However, the legal team representing CBE Group, Inc might find language in the letter that creates a loophole the debt collection agency can use to continue contacting you.
A licensed FDCPA lawyer follows state and federal law by writing a cease and desist letter that clearly informs CBE Group, Inc to stop communicating with you by phone, email, and snail mail. Your lawyer will prevent the inclusion of emotional language that carries no legal weight in a courtroom.
After writing a legally binding cease and desist letter, your lawyer will send the letter via certified mail to CBE Group, Inc. The debt collection agency must sign for the reception of the cease desist letter, which ensures the ending of communication between you and the third party debt collector.
What Your Lawyer Includes in a Cease and Desist Letter
With a date printed at the top of a cease and desist letter sent to CBE Group, Inc., you establish a timeline that carries legal weight in a courtroom.
After adding your name, address, and phone number under the date, your consumer protection lawyer will start the first half of the cease and desist by reminding CBE Group, Inc. that under the clauses written into federal law 95-109 and 99-361, you are sending a legally binding letter requesting the cessation of all forms of communication.
The second paragraph should read something like this:
“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.”
Section 15 U.S.C. 169c(c) of the FDCPA grants you the legal right to seek damages for violations of state and federal law. The cease and desist letter sent by certified is the compelling piece of evidence that gives the upper hand against CBE Group, Inc. in the pursuit of actual damages awarded because of physical and mental distress.
Speak with a licensed FDCPA lawyer to craft a legally binding cease and desist letter that prevents CBE Group, Inc. from contacting you.
*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 (Insert Collection Agency) or any other third-party collection agency, you may not be entitled to any compensation.