Before September 20, 1977, consumers were at the legal mercy of aggressive third party debt collectors that used threats and deception to collect delinquent debts.
After the United States Congress enacted the landmark Fair Debt Collection Practices Act (FDCPA), consumers no longer had to accept unscrupulous debt collection agency practices.
The FDCPA also includes a clause that grants you the legal right to draft and send a formal cease and desist letter requesting RGS Financial to stop all forms of communication with you.
After reception of a cease and desist letter, a third party debt collector such as RGS Financial has 30 days to confirm reception of the letter or to let you know about the filing of a lawsuit to collect an outstanding debt.
Writing a Cease and Desist Letter that Stands up in Court
A FDCPA lawyer not only understands every clause of the federal law, but also the state statutes that apply to debt collection efforts. Each state has created additional consumer protection statutes that deal with unethical third party debt collectors.
As one of the most important services offered by a licensed lawyer, the crafting of a legally binding cease and desist letter can get RGS Financial to stop all forms of communication.
Consumers should work with FDCPA lawyers to prevent the use of emotionally charged language from diluting the meaning of requests for third party debt collections to cease making contact.
What a Cease and Desist Letter Should Include
A cease and desist letter sent to RGS Financial should include the date at the top of the letterhead. The date establishes a timeline that helps you win a FDCPA lawsuit. Then, you list personal information like name, address, and phone number.
Most FDCPA lawyers follow a standard template for the drafting of cease and desist letters.
“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.”
If RGS Financial ignores a cease and desist letter, Section 15 U.S.C 169c(c) of the FDCPA grants you the legal write to seek compensation for physical and emotional distress.
Speak with a licensed consumer protection lawyer today to learn more about how the FDCPA protects you against the inquiries made by RGS Financial.
*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 (Insert Collection Agency) or any other third-party collection agency, you may not be entitled to any compensation.