Despite a federal law that protects consumers, many third part debt collectors cross the legal line when it comes to collecting outstanding credit accounts. Passed by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act levels the playing field between consumers and debt collection agencies such as Gatestone & Co. International, Inc.
If the debt collection agency tries to communicate with you by phone, email, snail mail, and/or text message, you have the legal right to send a cease and desist letter stopping all forms of communication.
The FDCPA provides consumer with sweeping legal protections that prohibit aggressive debt collection agency behavior. Under the FDCPA, a third party debt collector cannot issue threats to collect delinquent debts or use abusive language over the phone or in person.
A debt collection agency like Gatestone & Co. International, Inc. is also not allowed to implement deceptive debt collection techniques.
You Need Legal Representation to Draft a Cease and Desist Letter
Writing a legally binding cease and desist letter requires the expertise of a licensed FDCPA lawyer. Your lawyer knows exactly what to include in the letter, as well as get the proper message across without using emotionally charged language.
After crafting the ideal cease and desist letter, your consumer protection lawyer should send the letter by certified mail to ensure Gatestone & Co. International, Inc. receives the correspondence in a timely manner.
A cease and desist letter sent by certified mail means the debt collection agency must sign for the letter, which leaves a paper trail of evidence in case your lawyer decides to file a lawsuit.
What to Include in a Cease and Desist Letter
A vast majority of FDCPA lawyers follow a template to write a legally binding cease and desist letter. At the top of the letter, your lawyer will add the date of the letter to establish a timeline for future judicial reference.
Following the date comes personal information that includes your name, address, and phone number.
The legal language used to draft a cease and desist letter should look something like this:
“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.”
FDCPA Section 15 U.S.C. c(c) gives you the legal right to seek financial damages for any violations of the landmark consumer protection law, including financial damages for suffering from physical and/or emotional distress.
Speak with a FDCPA attorney today to prevent Gatestone & Co. International, Inc. from contacting you.
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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 Gatestone & Co. International, Inc. or any other third-party collection agency, you may not be entitled to any compensation.