Before September 20, 1977, consumers were at the legal mercy of unethical third party debt collectors. From using abusive language to making clear threats, debt collection agencies ran roughshod over consumers that fell behind in paying off credit accounts.
he Fair Debt Collection Practices Act (FDCPA) changed the legal landscape by making it illegal for debt collectors to harass consumers, as well implement deceptive debt collection practices.
The FDCPA includes an important clause that stops attempts by debt collectors to settle outstanding credit accounts. By sending a properly written cease and desist letter, you inform a third party debt collector you no longer want to communicate by phone, email, or snail mail.
After receiving a cease and desist letter, a debt collector can contact you only to confirm reception of the letter or to let you know about the filing of lawsuit to collect the delinquent debt.
A FDCPA Lawyer Should Write the Cease and Desist Letter
Each state has passed legislation that strengthens to provisions written into the FDCPA. By working with a licensed consumer protection lawyer, you hire a legal expert who understands the protections granted by your state.
A licensed lawyer will craft a legally binding cease and desist letter that avoids using emotionally charged language. Far too many consumers write cease and desist letter that reflect the frustration of having to deal with harassing phone calls and threatening letters.
Your FDCPA lawyer will request DCM Services to stop contacting you. The letter should contain language the references the clause within the FDCPA that grants consumers the right to request the cessation of all forms of communication between you and DCM Services.
After writing a legally binding cease and desist letter, your lawyer will send the letter via certified mail to ensure DCM Services receives it in a timely manner.
What is in a Cease and Desist Letter?
The date a cease and desist letter was drafted should appear at the top of the letter. Underneath the date of the letter should present your personal information such as name, address, email, and phone number.
Here is an example of an actual FDCPA cease and desist letter:
“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.”
Under Section 15 U.S.C. 1692c(c) of the FDCPA, consumers have the right to seek financial damages for violations of the landmark consumer protection. A licensed lawyer will document every incident of contact between you and DCM Services after you have sent a cease and desist letter.
Speak with a FDCPA lawyer today to stop DCM Services from contacting you.
Additional Resources
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against DCM Services or any other third-party collection agency, you may not be entitled to any compensation.