In response to growing consumer dissatisfaction with debt collection agencies, the United States Congress enacted the landmark Fair Debt Collection Practices Act (FDCPA).
The 1977 law forbids third party debt collectors from using abusive language or issuing threats in attempts to collect outstanding credit accounts. The FDCPA also makes it illegal for debt collection agencies such as Eastern Account System, Inc. to use deception in pursuit of delinquent consumer debts.
The FDCPA also contains consumer protections that include limiting when third party debt collectors like Eastern Account System, Inc. are allowed to contact you. You can end all forms of communications with Eastern Account System, Inc. by sending the debt collection agency a cease and desist letter.
The only legally valid reason a third party debt collector has to contact you is to confirm reception of a cease and desist letter or let you know about the filing of a lawsuit.
Hire a FDCPA Lawyer to Draft a Cease and Desist Letter
Do not fight back against Eastern Account System, Inc. by yourself. Knowing that the FDCPA grants you the legal right to send a cease and desist letter is not enough. You need to work with a licensed consumer protection lawyer who knows exactly how to craft a legally binding cease and desist letter.
Your lawyer will inform Eastern Account system, Inc. to stop all forms of communications, as well as explain the possible penalties for violating the FDCPA. An experienced FDCPA lawyer should send the cease and desist letter via certified mail to ensure timely delivery and to confirm reception of the letter.
Since each state has passed laws that bolster the legal strength of the FDCPA, it is important to work with a lawyer to ensure compliance with the consumer protection laws of your state.
What a Cease and Desist Letter Should Look Like
Most FDCPA lawyers follow a template for writing cease and desist letters. The date placed at the top of the letter acts as a time stamp for FDCPA cases the go to court.
After the date, your lawyer will add your name, address, and phone number, before writing the first paragraph of the cease and desist letter.
The first paragraph should reference public laws 95-109 and 99-361, which are the legal names for the FDCPA. Your lawyer will include clear language requesting that Eastern Account System, Inc. refrain from contacting you.
If a third party debt collector refuses to stop contacting you, your lawyer will include language notifying the debt collection agency that you will describe violations of the FDCPA to the Federal Trade Commission (FTC) and your state’s Attorney General’s office.
The second paragraph of a cease and desist letter should look 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.”
Under Section 15 U.S.C. c(c). consumers have the legal right to file lawsuit to recover the financial damages caused by FDCPA violations. Speak with a licensed consumer protection lawyer to learn more about the legal rights granted by the FDCPA.