Updated June 23, 2023
A debt collector cease and desist letter informs a creditor to halt all telephone communication through their residence or work numbers. In accordance with the Fair Debt Collection Practices Act, if a debtor requests to not receive phone calls they may choose to only be contacted through the mail by sending a cease and desist letter. Under federal law, if the debt collection company does not comply they will be subject to penalties and fines.
If the debt has been purchased or transferred the new agency may contact the debtor through their phone numbers and a separate cease and desist letter will be required to be sent to the new creditor.
Certified Mail – Highly recommended that the debtor sends via certified mail with return receipt as proof the collections company received the letter. Therefore, if the calls persist, the debtor will be able to file a complaint.
Laws – 15 U.S. Code § 1692c (Communication in Connection with Debt Collection)
How to Stop Debt Collection Calls
No matter how much debt a person has anyone can is able to stop calls made to their home, workplace, or cell phone by informing the collections agencies they do not wish to be contacted any longer.
Step 1 – Add Phone Number(s) to the ‘DO NOT CALL LIST’
Some collectors will put a debt out to multiple subcontractors or lists that are accessible to more than one (1) agency. Adding all cell phone, work, and mobile numbers to the Do Not Call Registry.
If you have been receiving calls after the number has been entered, the phone numbers may be reported by Filing a Registry Complaint.
Step 2 – Find Out Who Owns the Debt
Before a cease and desist may be written, the debtor must find out who owns the debt or the rights to collect the debt. This can be completed by getting on the phone with the collector and asking about the company details, such as, where they’re from and who is the agent that is assigned to the specific debt (if any).
Step 3 – Write the Debt Collection Cease and Desist
Now is the time to write the cease and desist letter. The debtor does not need an attorney to write, and the only requirement is to enter the debtor’s name, all phone numbers to cease contact, and the debtor’s signature on the bottom of the document.
Certified Mail with Return Receipt – Highly recommended the form be sent in this manner. This will legally record that the letter was sent and received by the debt collections agency. This is a service that is provided by the USPS and recognize by all courts if the matter should be elevated.
Step 4 – File an FTC Complaint
If it has been more than thirty-one (31) days since the phone number was placed in the Do Not Call Registry and the cease and desist letter was received by the collections agency, an FTC Complaint may be filed. The FTC will ask a series of questions verifying the information about the debt and will most likely call the collections agency to verify the matter. If it’s determined calls were made against the Fair Debt Collections Practices Act the FTC will administer the appropriate fines.
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Both the header and the date-line must be completed.
Step 3 – The name of the debt collector can be entered on the addressee line. The second line should provide the phone number they’ve been using to contact the debtor.
Step 4 – The debtor must sign the form before sending it to the applicable address.
