You do not have to sit at home praying a call doesn’t come from a debt collection agency. In fact, a historic consumer protection law enacted in 1977 by the United States Congress allows consumers to take control of their debt collection cases.
With cries for regulating third party debt collectors reaching a fever pitch, Congress passed and President Carter signed into law the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, what were once legal debt collection practices became immediately null and void.
For example, repeatedly calling consumers to harass them became illegal. The FDCPA also gives you the right to seek financial compensation for having to endure third party debt collector abuse. Another provision that leveled the legal playing field between consumers and bill collectors is called a cease and desist letter.
If Recovery Solutions Group has contacted you at home, at work, and/or on your cell phone, you have the right to send a notice demanding the communications cease and desist.
How a FDCPA Attorney Approaches a Cease and Desist Notice
Writing and sending a cease and desist letter requires the legal expertise of a licensed consumer protection lawyer. Your attorney will know exactly how to word the letter to ensure the message to cease and desist comes across as professionally as possible.
He or she will be firm, but not overly aggressive in getting Recovery Solutions Group to stop harassing you. The cease and desist letter will include references to the FDCPA, including the right consumers have to craft and send cease and desist letters.
Your lawyer will also remind the debt collection agency there are two exemptions to the no contact rule, as well as explain you are 100% aware of the legal rights granted by the FDCPA.
Actual Sample Letter for Recovery Solutions Group
You need a time stamp to prove a third party debt collector violated a cease and desist notice. The time stamp comes in the form of the date of the letter. Following the date comes your contact information that includes your name, address, primary phone number, and email address.
You should also display the account number just below the contact information and just above the meat of the cease and desist notice.
Here an actual start to a 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] Lawyer General’s office.”
The cease and desist notice should finish by making clear the legal consequences of refusing to comply with the cease and desist request. Leave a cordial departing salutation and your name at the bottom of the notice.
Contact an experienced FDCPA attorney to determine whether Recovery Solutions Group has harassed you enough to warrant the sending of a cease and desist letter.
*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 Recovery Solutions Group or any other third-party collection agency, you may not be entitled to any compensation.