If MRS Associates contacts you in an attempt to collect on a delinquent credit account, you have the legal right to send a cease and desist letter that requests the end to all forms of communication with the debt collection agency.
Enacted in 1977, the Fair Debt Collection Practices Act stipulates just two reasons for MRS Associates to communicate with you after receiving a cease and desist letter. First, the third party debt collector can contact you to confirm reception of the letter.
Second, MRS Associates is allowed to inform you about a pending lawsuit.
The FDCPA contains sweeping language that prohibits debt collection agencies from harassing consumers. Under the FDCPA, MRS Associates cannot use abusive language and/or issue threats against you to collect an outstanding debt.
The debt collection agency must also refrain from deceiving consumers into paying off delinquent credit accounts. Deception can include lying about a legal action or mentioning family support for a debt collection effort.
A Cease and Desist Letter Requires Legal Expertise
When you craft a cease and desist letter, you should consult with a FDCPA lawyer to ensure compliance with state and federal laws. Each state has passed legislation that complements the language presented in the FDCPA.
Your lawyer will use clear legal language that lets MRS Associates know about the ramifications of not following the cease and desist letter request. Moreover, your lawyer will send the cease and desist letter via certified mail to ensure prompt delivery.
A representative from MRS Associates will sign a form confirming reception of the letter, which gives you hard evidence to use in case you file a lawsuit.
What Should You Include in a Cease and Desist Letter?
After dating the cease and desist letter, you lawyer has created a time stamp that will define the start of the request for MRS Associates to stop contacting you. Your personal information, including an email address, follows the date.
A legally powerful cease and desist letter refers to the provisions in the FDCPA that protect consumers.
“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.”
Section 15 U.S.C. c(c) of the FDCPA clearly defines your legal right to seek damages for violations of the landmark consumer protection law.
You can seek a financial award for suffering from physical and/or emotional duress. Speak with an experienced FDCPA lawyer today to deliver a cease and desist letter to MRS Associates.
*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 MRS Associates or any other third-party collection agency, you may not be entitled to any compensation.