Since 1977, consumers have received protection from a federal law that prohibits third party debt collectors from using abusive language and making clear threats.
The Fair Debt Collection Practices Act (FDCPA) also makes it unlawful for debt collectors to use deceptive practices to collect debts, such as impersonate law enforcement officials. One of the FDCPA provisions many consumers do not know about concerns a cease and desist letter.
If Prince Parker & Associates contacts you by mail or phone, you have the legal right under the FDCPA to send a cease and desist order that requests no further communication from a third party debt collector.
However, knowing your right to file a cease and desist letter and knowing how to file a cease and desist letter that has teeth are two different legal matters.
How to Draft a Cease and Desist Letter
Although some consumers write and send cease and desist letters, drafting the proper legal language for the letter should be done by an FDCPA lawyer. A licensed lawyer knows what tone to use that presents a firm stance, without resorting to personal attacks.
A professionally created cease and desist letter explains the legal provisions granted by the FDCPA that allow consumers to request the cessation of all forms of communications made by third party debt collectors.
By working with a lawyer, you ensure the cease and desist letter includes information explaining to the debt collector what the two exceptions are to the no contact request.
Writing a legally valid cease and desist letter is one thing. Making sure a debt collector receives the letter is quite another thing. Your licensed and experienced lawyer will send the cease and desist letter by certified mail.
Certified letters accomplish two goals. First, certified mail ensures the cease and desist letter reaches the right destination. Second, the debt collector must sign a form to confirm the reception of the letter. Sending a cease and desist letter via electronic mail is not a good idea, as a debt collector can simply deny ever receiving the letter.
Actual Sample Letter
Your FDCPA lawyer will start a cease and desist letter by typing the date at the top of the letter. The date acts as a time stamp to protect you in case your lawyer plans to file a lawsuit against a third party debt collector.
After adding your personal information, as well as the name and address of the debt collection agency, your FDCPA lawyer will write language similar to the following paragraph.
“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.”
Most licensed FDCPA lawyers follow a cease and desist letter template, with the second paragraph containing legal language about the penalties debt collectors can face for not complying with a request to stop contacting consumers.
Under section 15 U.S.C. 1692c(c) of the FDCPA, you have the right to sue for damages that include the violation of a cease and desist letter.
Contact an FDCPA lawyer to craft a legally sound cease and desist letter that requests Prince Parker & Associates stop communicating with you.