Did you know that if Rash Curtis & Associates contacts you, a federal law grants you’re the legal right to request the third party debt collection agency refrain from communicating with you.
You are allowed to send a cease and desist letter that clearly asks Rash Curtis & Associates to stop making threatening phone calls or using abusive language in attempts to collect an outstanding consumer debt.
Enacted by the United States Congress on September 20, 1977, the Fair Debt Collection Practices Act (FDCPA) balanced the legal inequity faced by consumers when dealing with third party debt collectors.
The FDCPA prohibits debt collection agencies and individual contractors from using abusive language and making physical threats to collect on credit accounts.
Debt collectors also cannot use deception to collect consumer debts, such as claiming the legal authority to garnish wages. Congress made the ease and desist letter an integral part of the FDCPA.
How to Submit a Cease and Desist Letter
On the surface, writing a cease and desist letter seems like a straightforward process. You ask Rash Curtis & Associates to stop contacting your home by phone or sending you digital correspondence via email.
However, how you word the letter goes a long way in determining if you have drafted a legally viable cease and desist request. Because of emotions and a lack of understanding of what should constitute a cease and desist letter, it is highly recommend that consumers turn to licensed FDCPA lawyers to ensure the letters sent to third party debt collectors are legally valid.
Your FDCPA lawyer will clearly request that Rash Curtis & associates stop contacting you. The letter will explain how the FDCPA grants consumers te right to request a cease and desist order,, as well as spell out the ramification of not complying with the letter.
After writing the letter, your FDCPA lawyer will send the cease and desist letter through certified mail to make sure the debt collection agency receives the letter. After receiving the certified cease and desist letter, Rash Curtis & Associates must sign a form confirming the reception of the letter.
What to Include in Your Letter
The cease and desist letter crafted by your FDCPA lawyer will start with the date located at the top of the letterhead. After the date, the lawyer will include your personal information, such as name, address, and the account number of the credit account in question.
After the first paragraph informing the debt collector about your right to send a cease and desist letter, your lawyer will write a second that looks like the following paragraph.
“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.”
Section 15 U.S.C. 1692c(c) of the FDCPA allows you to seek financial damages for violations of the FDCPA, including violations that pertain to a cease and desist order.
If you want Rash Curtis & Associates to stop sending emails and making phone calls, you should work with an experienced FDCPA lawyer who will draft a cease and desist letter that holds up in court.
*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 Rash Curtis & Associates or any other third-party collection agency, you may not be entitled to any compensation.