While there are no absolute requirements related to words, phrases or sentences, these collection agency harassment communications should be brief, concise and specific. Please see the two examples that follow to get an idea of how your communication might be worded. Below is a sample of a
cease and desist letter.
(Sent via Certified Mail with Return Receipt to protect the debtor)
Date:
Collection Agency
Address
City, State ZIP
Re: Account #
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. section 805. you are hereby notified to cease and desist all further communication with me in regard to the referenced debt.
Failure to abide by this law will result in a complaint being filed against you with the Federal Trade Commission, the Attorneys General of both your state and mine, and also your own company management. I also reserve the right to file suit against you for any future violations of this law. I will record any phone calls if you fail to comply with this cease and desist.
Sincerely,
Should you believe a collector is guilty of creditor harassment via e-mail, the format that follows should stop their overly aggressive collection activity. Send this with a "Receipt Requested" and print a copy for your files with evidence of the e-mail receipt.
Dear Collector,
I am responding to your constant emails! In accordance with the Fair Debt Collection Practices Act, I demand that you:
Stop emailing me at home, at work, or any other location!
In accordance with federal law, once you've received this email, you may only contact me to:
- Provide proof that I owe the debt that you claim I owe;
- Provide a copy of my State and Federal rights concerning this debt, including how to dispute your claim;
- Provide proof that you are licensed in my state and show evidence of your license number;
- Advise me that further efforts are being terminated;
- Notify me that you may or intend to invoke specified remedies.
Be advised that I am keeping accurate records of all correspondence concerning this issue, including copies of your emails. If you continue harassing me, you will be in violation of the FDCA, Section 805(c).
