In response to an increasing number of consumers demanding the regulation of unscrupulous debt collectors, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA) in September of 1977.
The FDCPA forbids third party debt collectors from abusing and threatening consumers, as well as implementing deceptive techniques to collect outstanding debts. Consumers also control when debt collectors can call them at home.
If Harris & Harris Ltd. has contacted you, the FDCPA includes a provision that grants you the right to draft a cease and desist letter to stop the communications.
According to the FDCPA, Harris & Harris Ltd. can contact you only under two conditions after receiving a cease and desist letter : to confirm reception of the letter or to inform you of the filing of a lawsuit. You have the right to tell Harris & Harris to stop contacting you and a licensed lawyer can make that happen.
How a Lawyer Drafts a Cease and Desist Letter
A FDCPA lawyer knows exactly what type of legal language to use for writing a cease and desist letter that complies with the FDCPA. By using firm, yet professional language, your lawyer will refrain from getting personal with the third party debt collector.
The cease and desist letter will include your personal information and references to the FDCPA that include the restrictions placed on a debt collector by receiving a cease and desist letter.
Your lawyer will remind the debt collector about the two exceptions to the no contact rule, as well as remind the debt collector that you are fully aware of your legal rights.
When you send the cease and desist letter via certified mail, you ensure the debt collector has received notification of your request for the cessation of communications.
Many consumers know how to draft cease and desist letters, but they fail to follow through by sending the letter through standard snail mail. An email does not cut it for a cease and desist letter, as the recipient can deny ever receiving the digital message.
Your lawyer will keep meticulous records of the cease and desist letter in case the need arises to file a lawsuit against the debt collector.
What is in a Cease and Desist Letter?
You have the right to sue a debt collector that violates section 15 U.S.C. 1692c(c) of the FDCPA which is the provision explaining a cease and desist letter. By sending a certified letter that requests Harris & Harris to stop contacting, you leave a paper trail of evidence that helps you win a lawsuit against the third party debt collector.
However, your FDCPA lawyer must follow every legal protocol when crafting the letter. Experienced FDCPA lawyers follow a template that ensure consistency for every cease and desist letter request.
Your personal information such as name and address goes at the top of the letter, as well as the name and address of the debt collection agency. An experienced FDCPA lawyer never forgets to include the date, which acts a time stamp to motivate debt collectors to comply with cease and desist letters.
The account number must also be prominently displayed near the top of the letter.
The start of the letter should read similar to the following:
“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] Lawyer General’s office.”
The letter should conclude with a clear explanation about the legal ramifications for not complying with the cease and desist request.
Speak with a FDCPA lawyer today to tell Harris & Harris you no longer want to be contacted by the debt collection agency.
*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 Harris & Harris Ltd., or any other third-party collection agency, you may not be entitled to any compensation.