Debt collection agencies must follow the letter of a federal law when it comes to tactics used to collect outstanding debts. Enacted by the United States Congress in 1977, the Fair Debt Collection Practices Act (FDCPA) forbids third party debt collectors such as Northstar Location Services from making threats or using abusive language in attempts to make consumers pay off credit accounts.
The FDCPA also prohibits debt collection agencies from implementing deceptive techniques that include impersonating law enforcement departments.
If Northstar Location Services contacts you by phone or snail mail, you have the legal right granted under the FDCPA to send a cease and desist letter to stop all forms of communication. In the digital era, all forms of communication include email and text messages.
The only reasons why Northstar Location Services can contact you after receiving a cease and desist letter are to confirm receiving the letter or to let you know about a pending lawsuit.
A Cease and Desist Letter Requires Legal Expertise
Having a third party debt collector like Northstar Location Services call you about a delinquent debt can stir some intense emotions. Although writing a cease and desist letter appears to be a simple process, the fact remains far too many consumers allow emotions to interfere with sending the proper legal message.
By hiring a licensed FDCPA lawyer, you ensure the cease and desist letter sent to Northstar Location Services avoids the type of emotional language that carries no legal weight inside a courtroom.
Your lawyer will draft a cease and desist letter that not only conforms to the FDCPA, but also follows state consumer protection laws. The cease and desist letter should be sent via certified mail to ensure reception of the correspondence in a timely manner.
After receiving a cease and desist letter, a representative from Northstar Location Services must sign for the letter, which provides proof of reception in case you initiate a lawsuit.
Writing a Legally Binding Cease and Desist Letter
The cease and desist letter your lawyer drafts should follow a general template used by FDCPA lawyers working across the United States. With the date of the cease and desist letter printed at the top of the letterhead, you establish a timeline for filing a lawsuit against Northstar Locations services.
Personal information that includes your name and address follows the date of the cease and desist letter.
Here is a sample of what the first paragraph should look like:
“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 ramifications of Northstar Location Services not following the request to stop all forms of communication with you.
You can file both civil and criminal claims against the debt collection agency, with civil claims potentially coming with a court decision that awards you financial damages for suffering physical and/or mental distress. Section 15 U.S.C. c(c) of the FDCPA clearly grants you the legal right to pursue financial damages against Northstar Location Services.
Speak with an experienced FDCPA lawyer if Northstar Location Services contacts you.
*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 Northstar Location Services or any other third-party collection agency, you may not be entitled to any compensation.