A properly written cease and desist letter is a powerful tool under the Fair Debt Collection Practices Act. Here is exactly what to include.
Essential Elements
- Your information: Full name, address, and the account or reference number the collector uses
- The request: A clear, unambiguous statement that you are requesting all communication cease under 15 U.S.C. Section 1692c(c)
- Written-only restriction: State that any legally required notices must be sent in writing to your address
- Date and signature
How to Send It
Always send via USPS Certified Mail with Return Receipt Requested. This creates proof that the collector received your letter. Keep a copy of the letter, the certified mail receipt, and the green return receipt card. This documentation is essential if the collector violates your request.
What Happens After You Send It
Once the collector receives your letter, they must stop all communication with you except to:
- Confirm they will stop contacting you
- Notify you of a specific legal action (such as filing a lawsuit)
The letter does not make the debt go away or prevent the collector from suing you. It only stops the collection calls, letters, and other contact.
Important Limitations
The FDCPA only applies to third-party debt collectors, not to original creditors collecting their own debts. If the calls are coming directly from your credit card company or hospital (not a collection agency), the FDCPA may not apply, though state laws may provide similar protections.