The cease and desist letter has legal stature based upon the Fair Debt Collections Practices act Section 805. The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year.
Cease and Desist Letter for debt collectors
The cease and desist letter has legal stature based upon the Fair Debt Collections Practices act Section 805. You can read it for yourself here. The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.
Please note the following. When a collection agency receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you if they can't collect on the account the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I'd suggest that you try it first. If there is no alternative then send the cease and desist letter.
Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. It may also be a good idea to get a copy of your checks from your financial institution. The letter may take a couple of weeks to work its way through the collection agency's system before your number is taken out of their automated dialer`s. Even after they receive the letter they are allowed (under law) to contact you one time to notify you or their intent.