Prior to September of 1977, consumers had little, if any recourse to fight back against aggressive third party debt collectors. In response to pressure applied by constituents and consumer advocacy groups, the United States Congress passed the landmark Fair Debt Collection Practices Act (FDCPA).
The FDCPA grants consumers several legal protections against the unsavory tactics used by debt collectors to collect on outstanding credit accounts.
Under the FDCPA, third party debt collectors are not allowed to threaten consumers or use abusive language that coerces consumers into paying off delinquent debts. Debt collection agencies such as Delta Outsource Group, Inc are prohibited from deceiving consumers into settling credit accounts established by original creditors.
If Delta Outsource Group, Inc. contacts you by phone or through the United States Postal Service, you have the right to send the debt collection agency a cease and desist letter.
The only way Delta Outsource Group, Inc can contact you after receiving a cease and desist letter is to confirm reception of the letter or inform you about a pending lawsuit to collect a debt.
Writing a Cease and Desist Letter Requires Legal Expertise
Although a cease and desist letter should contain simple language that requests Delta Outsource Group, Inc. to stop communicating with you, writing the letter still requires the legal expertise of a licensed consumer protection lawyer.
Many cease and desist letters written by consumers include emotionally charged language that undermines the intent of the letter. The wording of a cease and desist letter sent to Delta Outsource Group, Inc. determines how legally binding the letter will be if your case ever goes to court.
Your lawyer will understand how the cease and desist letter should be written in accordance to state law and the sweeping consumer protections granted by the FDCPA. Just as important as the language used to craft a cease and desist letter is how the letter arrives to Delta Outsource Group, Inc.
Your lawyer should send the letter through certified mail to ensure the debt collection agency receives it in a timely manner.
What to Include in Your Letter
Your lawyer will follow a general template to write a cease and desist letter to Delta Outsource Group, Inc.
“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.”
If Delta Outsource does not comply with a cease and desist request, the next legal step involves filing a claim in court against the debt collection agency. 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.
Speak with a FDCPA lawyer today to send a cease and desist letter to Delta Outsource Group, Inc.
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*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.