Cease and Desist letter
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Under the Fair Debt Collection Practices Act (FDCPA), it’s your right to request that a collection agency cease communication with you; a right granted/protected by FDCPA Section 805(c). (It’s called a Cease and Desist Letter or C&D – Basically, it does what it sounds like: forbids a collection agency to contact you once they receive your written request to cease communication.
Many people are confused by what to ask for in a C&D letter because there is language in the FDCPA allowing the consumer to request a ceasing of communications; in a separate section of the FDCPA [Section 805(a)(3)], there is language about notifying a collection agency
that they cannot contact a consumer at work because they’ve been informed that the consumer’s employer does not allow it. There is also language [FDCPA Section 805(a)(2)] stating that a collection agency cannot contact a consumer when they know it is inconvenient. Of course, the latter is very difficult to prove in court.
Send a cease communications letter to a
collection agency, all communication, period, must stop. There is no need to spell out the situations in which communication is acceptable or send two separate communications. The request to cease communication will
handle all communication situations.
The FDCPA clearly recognizes telephone contact as
a legitimate and legal tool for collectors to use to contact consumers about the accounts they are collecting. The FDCPA was not enacted to give consumers a way to avoid their obligations nor to allow consumers to avoid all telephone contact. It was enacted to prevent illegal harassment from collection agencies.