On September 20, 1977, the United States Congress enacted a landmark consumer protection law called the Fair Debt Collection Practices Act (FDCPA). The FDCPA protects consumers against unethical third party debt collectors that use abusive language and/or make oral and written threats.
Consumers receive protection against debt collection agencies that use deception in attempts to collect outstanding debts.
The FDCPA also grants consumers the legal right to send cease and desist letters that prevent a third party debt collector like SRS and Associates, Inc. from making contact. A cease and desist letter covers debt collection agency phone calls, letters sent through snail mail, and any correspondence send digitally by email and text.
If SRS and Associates, Inc. contacts you, you should speak with a FDCPA lawyer to request that the debt collection agency stop contacting you. Federal law permits SRS and Associates, Inc. to contact you only to confirm reception of a cease and desist letter or to let you know the debt collection agency has filed a lawsuit.
A FDCPA Lawyer Should Write the Cease and Desist Letter
Although it seems writing a cease and desist letter is a straightforward process, many consumers send cease and desist letters that contain emotionally charged language that only motivates a debt collection agency to work harder to collect a delinquent debt.
A licensed FDCPA lawyer will draft a cease and deist letter explaining the ramifications of not following the request, without resorting to name calling of making threats. The professionally written letter will stop all forms of communication.
Moreover, your lawyer will send the cease and desist letter through certified mail to ensure prompt delivery of the letter. A representative from SRS and Associates, Inc. must sign for the reception of a certified cease and desist letter.
How Your Attorney Writes a Cease and Desist Letter
Experienced consumer protection lawyers follow a standard format to draft legally binding cease and desist letters. After including the date and your personal information at the top of the letter, your attorney will follow with language that reads like the following contact sample letter.
“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.”
Under Section 15 U.S.C. c(c) of the FDCPA, you have the right to pursue financial damages if SRS and Associates, Inc. violates a cease and desist letter. Speak with a consumer protection lawyer today to stop all forms of communication from SRS and Associates, Inc.
*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 SRS and Associates or any other third-party collection agency, you may not be entitled to any compensation.