On September 20, 1977, the United States Congress passed the landmark consumer protection law called the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits third party debt collectors like Frost-Arnett Company from using abusive language or making threats in attempts to collect outstanding debts.
Debt collection agencies also cannot implement deceptive techniques to collect on credit accounts, including the impersonation of law enforcement officials.
The FDCPA grants consumers the legal right to send cease and desist letters that stop all forms of communication from third party debt collectors. If Frost-Arnett Company contacts you, a FDCPA lawyer can write a cease and desist letter that explains the ramifications of not complying with the request.
Frost-Arnett Company can contact you only to acknowledge receipt of the letter or to let you know the debt collection agency is about to initiate a lawsuit.
Why a Lawyer Makes the Difference for Drafting a Cease and Desist Letter
The cease and desist letter you send to Frost-Arnett Company must contain clear legal language that does not include insults and accusations. Emotionally charged cease and desist letter carry no weight inside courtrooms.
Your FDCPA lawyer understands state law to ensure compliance with cease and desist letter legal protocols. In addition to writing a legally binding cease and desist letter, your lawyer will send the letter through certified mail.
A representative from Frost-Arnett Company must sign for the certified cease and desist letter, which provides you with hard evidence if your case goes to civil trial.
What to Include in Your Cease and Desist Letter
Your lawyer will place the date of the cease and desist letter at the top of the letterhead. The date of the letter establishes a time stamp used by the judge presiding over the FDCPA-related case.
After the date, an experienced consumer protection lawyer will add personal information such as your name, phone number, and mailing address.
Following a general template, your lawyer will refer to the FDCPA in the first paragraph of the 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.
The second paragraph should spell out the penalty for not complying with the cease and desist letter, as well as mention your attorney will record any evidence of communication after the cease and desist request.
Under Section 15 U.S.C. c(c) of the FDCPA, you have the legal right to file a lawsuit that asks for financial damages.
Speak with a FDCPA lawyer to learn more about sending a cease and desist letter to Frost-Arnett Company and any other debt collection agencies.
*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 Frost-Arnett Company or any other third-party collection agency, you may not be entitled to any compensation.