Many consumers are constantly harassed by debt collectors. With auto dialers, collectors can now have their computers call consumers multiple times per day. And this can continue 7 days per week for months.
It is actually very easy to stop these calls.
According to the Fair Debt Collection Practices Act (FDCPA) a debt collector is supposed to notify you a consumer in writing 30 days prior to them calling the consumer. When a letter is received from a debt collector the consumer should then mail back a cease and desist letter.
According to the FDCPA when the debt collector receives this letter they must stop calling or writing that consumer. If calls have already started the consumer can obtain the debt collector’s name and send the cease and desist letter to stop future phone calls.
A C&D letter will stop almost all debt collector contact attempts. But the FDCPA doesn’t apply to the original creditor, only the debt collector.
In Florida, Statute Fla. Stat. 559.55 -.785 Part VI, is an extension of the FDCPA and extends the reach of the law to include original creditors also. Check your own state laws as many states also have their own state FDCPA laws.
Here is a sample Cease and Desist letter you can use to stop illegal and harassing collection attempts:
Dear Debt Collector /Debt Collector Attorney:
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.
I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.
You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.
Remember I am NOT an attorney and this does NOT serve as legal advice, only refrence to a consumer law which might help your clients. You should also have your clients a similar disclaimer.