You don’t have to put up with constant harassment from creditors
and debt collectors. If a bill collector is bothering you with phone calls,
text messages, or other communications, you have the right to request
that they stop.
The Fair Debt Collections Practices Act (FDCPA) gives consumers the right
to tell creditors to stop calling. However, in order for a creditor or
debt collector to be required to comply with this request, the request
must meet certain criteria.
If you want a debt collector to stop contacting you, you must send a cease
and desist letter. You must send a letter in writing, because an oral
request that a debt collector stop contacting you will not be sufficient
to trigger a violation under the FDCPA.
Once you send a cease and desist letter, the debt collector is only allowed
to contact you to tell you that it is ending communications, or to tell
you that it is beginning the litigation process. All other communications
If the debt collector continues to contact you after the company has received
your cease and desist letter, any further communications (that don’t
fit one of the exceptions) is a violation of the statute. Harassed consumers
can take legal action against these companies and receive damages for
each unauthorized communication.
While sending a cease and desist letter gives many people some much-needed
relief from constant phone calls or message, there are some drawbacks
to sending such a request. For instance, you will no longer be updated
on the status of your account and you may not know if your account is
charged off or sold to another collector. Additionally, failing to communicate
with the debt collector or creditor may increase the chance that you will
be sued over the debt.
Even if the chances of a lawsuit may increase, it could still be in your
best interest to send a cease and desist letter. For example, if you are
being harassed then a letter may give you some peace and quiet. Or, if
you do not owe the debt because the debt collector has the wrong person
or because the statute of limitations has expired, a cease and desist
letter may cause the creditor to reevaluate collecting the debt from you
If you are unsure about what to do with your debt, or if you are being
harassed by debt collectors, you have many options. At Loan Lawyers, our
South Florida debt defense attorneys can review your financial situation
and will help you make a plan to resolve your outstanding debts. For a
free consultation, contact our office today by calling (888) FIGHT-13