How to Send
A debtor (person owing money) should send a cease and desist letter via certified mail with a return receipt requested to confirm its delivery to the debt collector.
When Contact is Allowed
Debt collection activities are regulated by the Federal Debt Collection Practices Act (FDCPA). According to the FDCPA, once a debt collector receives a written request to cease communication, they may no longer contact the debtor except to[1]:
- Confirm that communication will stop.
- Inform the debtor of legal actions they might take.
Limitations
The FDCPA only covers consumer debt, such as mortgages, student loans, and credit card debt.[2] As a result, a cease and desist letter does not prevent collection attempts on business debt.
Additionally, the FDCPA generally applies to debt collectors only, meaning the original creditor may still have the right to contact the debtor after receiving a cease and desist letter.[3] The term “debt collector” refers to a third party acting on the creditor’s behalf, such as a:
- Collection agency
- Lawyer
- Debt buyer
Sample
Download: PDF, Word (.docx), OpenDocument
NOTICE TO CEASE AND DESIST
[SENDER’S NAME]
[SENDER’S STREET]
[SENDER’S CITY, STATE, & ZIP]
Date: [MM/DD/YYYY]
Re: Ceasing Communication Regarding Debt
Account Number: [DEBT ACCOUNT NUMBER (IF KNOWN)]
Dear [DEBT COLLECTOR’S NAME],
I am responding to your recent contact concerning a debt you are attempting to collect. You identified the debt as: [DEBT DESCRIPTION].
Pursuant to the Fair Debt Collection Practices Act (15 U.S.C. 1692c), you are hereby notified to immediately cease communications concerning the collection of the above-referenced debt. This notice shall include, but is not limited to, written correspondence and telephonic communication.
In response to this letter, you may only contact me to inform me that you:
a) Are terminating further collection efforts;
b) Are invoking specified remedies which are ordinarily invoked by you or your company; or
c) Intend to invoke a specified remedy.
Any other future contact by you or your company violates the Fair Debt Collection Practices Act.
If you do not cease communication, I am prepared to pursue all available legal actions.
Sincerely,
________________________
[PRINTED NAME]