Found this limited cease & desist letter on a web site. I'd like to see some comments on it. Do you think it is good or bad and why? How would you change it? FREE Sample Letter to Stop Debt Collection Calls Today's Date Your Name Your Address Collector's Name Collector's Address Mr./Ms. Collector, I am writing in response to your constant phone calls! According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location! In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you: * are terminating further collection efforts; * invoking specified remedies which are ordinarily invoked by you or your company; or * intend to invoke a specified remedy. Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA. Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family. Signature Your Printed Name So let's play MYTHBUSTERS here a bit. Is this a good one or not?
Seems to me that the words (You Must cease All Communications with me) could be by any means.Phone calls, Housecalls,dropping leaflets on your home,word of mouth,etc,etc,etc.. It then says; You may only contact me for the other reasons shown.;but it does not state that it must only be in writing...Would that not contradict the statement, ALL communications Also i would not let them know I would be recording them unless I was in a state hat required me to let them know.. Other than what i view as a catch 22 in the wording of the 1st parts i think the letter is Ok. frioguy
The reasons shown are essentially those remaining allowed reasons specified in FDCPA following a full C&D. Invoking a specific remedy still allows suing.
