If Glass Mountain Capital, LLC. contacts you in regards to the collection of an outstanding debt, you have the legal right to request the third party debt collection agency stop communicating with you by phone, snail mail, and electronic mail.
In 1977, the United States Congress enacted the Fair Debt Collection Practices Act (FDCPA) to protect consumers against unscrupulous debt collector behavior. One of the provisions of the FDCPA allows consumers to send debt collectors a cease and desist letter to stop all forms of communication.
The FDCPA also addresses other legal issues involving debt collection agencies. Third party debt collectors are not permitted to make threats or use abusive language while attempting to settle delinquent credit accounts. Any deceptive practices implemented by debt collection agencies are also prohibited.
A FDCPA Lawyer Knows How to Write a Cease and Desist Letter
Drafting and sending a cease and desist letter that complies with the FDCPA requires the expertise of a licensed consumer protection lawyer that understands the legal guidelines established in the state where you live.
A cease and desist letter must contain clear language requesting the cessation of all forms of communication between you and a third party debt collection agency. Your attorney will ensure the letter does not include emotionally charged language that makes the case personal.
A FDCPA compliant cease and desist letter must spell out the consequences of failing to follow the intent of the letter. Your FDCPA lawyer will explain how the FDCPA allows consumers to file a lawsuit for debt collector violations of the federal law.
The cease and desist letter crafted by your attorney should be sent through certified mail to create a paper trail of your request. After receiving the certified letter, Glass Mountain Capital, LLC. must sign a form verifying it has the letter in its possession.
What is in a Cease and Desist Letter?
Many FDCPA lawyers follow a template to create legally binding cease and desist letters. The date of the letter should be inscribed at the top of the letterhead. Judges litigating FDCPA cases refer to the date when a lawyer drafted a cease and desist letter.
Personal information such as name, phone number, and email address should follow the date. The first paragraph cites the cease and desist clause of the FDCPA.
“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.”
The second paragraph mentions the legal implications of violating the cease and desist request. Consumers have the right to seek damages for suffering from the emotional distress caused by continued contact. Section 15 U.S.C. 1692c(c) is the FDCPA provision that allows consumers to pursue financial damages.
You have the right to stop the harassment conducted by third party debt collectors. If Glass Mountain Capital contacts you in regards to a delinquent debt, speak with an experienced FDCPA lawyer to draft and send a legally valid cease and desist letter.
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*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 Glass Mountain Capital, LLC, or any other third-party collection agency, you may not be entitled to any compensation.