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 the collector might take.
Debt Collector: Defined
The term “debt collector” refers to a third party acting on the creditor’s behalf, such as a:
- Collection agency
- Lawyer
- Debt buyer
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 will not prevent further communication from collectors of 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]
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.
Failure to honor this request could subject your company to liability under federal law.
If you do not cease communication, I am prepared to pursue all available legal actions.
Sincerely,
________________________
[PRINTED NAME]