After years of hearing consumer complaints about the unethical behavior of third party debt collectors, the United States Congress passed the Fair Debt Collection Practices Act (FDCPA) on September 20, 1977.
The FDCPA forbids debt collectors from engaging in abusive behavior, as well as making threats in attempts to collect delinquent debts. Debt collectors are also prohibited from implementing deceptive collection techniques, such as calling friends and family members.
One of the more powerful clauses written into the FDCPA allows consumers to send cease and desist letters requesting debt collectors stop all forms of communications.
If you want McCarthy Burgess & Wolff to stop contacting you in attempts to collect an outstanding debt, you have the legal right to craft and send a cease and desist letter. By working with a licensed FDCPA lawyer, you ensure the cease and desist letter contains the proper legal language that ends harassing phone calls and threatening letters.
How a Lawyer Drafts an Effective Cease and Desist Letter
You cannot afford to allow emotions to overcome a cease and desist letter. If you get personal with McCarthy Burgess & Wolff, the debt collection agency might come after you with a renewed sense of purpose.
By hiring a licensed FDCPA lawyer, you ensure the cease and desist letter contains the correct legal language that clearly requests the cessation of all forms of communication with you.
After writing the cease and desist letter, your lawyer will send the letter via certified mail. By sending a cease and desist letter through certified mail, you can rest assured the letter arrives at McCarthy Burgess & Wolff in a timely manner.
The debt collection agency must also sign a document that confirms it received the cease and desist letter. By confirming reception of the letter, McCarthy Burgess & Wolff creates a paper trail for possible future litigation.
What To Include in a Cease and Desist Letter
At the top of a cease and desist letter, your lawyer will put the date of the letter, which acts as a time stamp to facilitate a lawsuit filed against McCarthy Burgess & Wolff. The first paragraph mentions how the FDCPA permits the sending of a cease and desist letter.
Legal language also spells out why the dent collection agency must comply with the request for the ending of communications.
Here is the template the second paragraph should follow:
“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.”
Under Section 15 U.S.C. 1692c(c) of the FDCPA, you have the legal right to seek damages for FDCPA violations that include ignoring a cease and desist letter. Speak with a licensed consumer protection lawyer to stop McCarthy Burgess & Wolff from contacting you in regards to the collection of an outstanding debt.