Before September 20, 1977, consumers had few legal tools to fight back against the intimidating tactics used by debt collection agencies like Westwood Management, Inc. The most effective way to fight back against third party debt collectors was to avoid making contact with them.
However, that strategy simply delayed the inevitable. After hearing the growing consumer anger spoken during hearings, the United States Congress enacted what many legal scholars call the American consumer bill of rights.
Under the Fair Debt Collection Practices Act (FDCPA), bill collectors are prohibited from engaging in dozens of practices that were previously allowed under federal consumer protection law. The primary goal of the FDCPA was to eliminate the shake down tactics used by many third party debt collectors.
Yet, some bill collectors refuse to follow the provisions written into the FDCPA, which means consumers need to invoke another less publicized provision. You have the right granted by the FDCPA to send a cease and desist notice to Westwood Management, Inc.
Your Cease and Desist Notice Need an Expert Legal Touch
A cease and desist letter does not need to include fancy legal speak to motivate Westwood Management, Inc. to stop contacting you. It does, however, require the legal expert touch of a licensed consumer protection lawyer who is highly skilled in litigating FDCPA cases.
If you decide to write the cease and desist letter, you might succumb to the temptation of using emotionally charged language that conveys your anger and frustration.
Your FDCPA attorney will take a neutral approach to crafting the cease and desist notice by calmly requesting Westwood Management, Inc. stop calling you. In addition, your lawyer will make sure to include a few of the consumer protections written into the federal consumer protection law.
How to Draft Your Cease and Desist Letter
An experienced FDCPA attorney will create and follow a template for writing a cease and desist notice to Westwood Management, Inc.
The notice might look similar to the following sample notice:
“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 Westwood Management, Inc. refuses to honor your request for the third party debt collector to stop contacting you, the next step is to involve an experienced consumer protection lawyer. Speak with a FDCPA attorney to learn more about how to write an effective cease and desist letter that gets Westwood Management, Inc. off your back.
*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 Westwood Management, Inc. or any other third-party collection agency, you may not be entitled to any compensation.