Once a debt collector receives written notice from a consumer that the consumer refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease communications with the consumer except:
To advise the consumer that they are terminating their debt collecting efforts;
To notify the consumer that the debt collector or creditor may invoke specified remedies which they ordinarily invoke; and
To notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
In Arizona, a Letter Informing a Debt Collector to Cease Communications with a Debtor is a formal written notice that consists of a set of instructions to debt collectors, directing them to stop contacting the debtor regarding a specified debt. This letter is governed by the Fair Debt Collection Practices Act (FD CPA), which is a federal law that protects consumers from abusive and harassing debt collection practices. By correctly drafting and sending this letter, debtors can exercise their rights and establish clear boundaries for debt collectors. It is important to include specific keywords and follow certain guidelines to ensure its effectiveness. Some relevant keywords to be included in the letter are: 1. Request to Cease Communications: Clearly state in the letter's subject line and introductory paragraph that the purpose of the communication is to request that the debt collector immediately cease all communication attempts with the debtor. 2. Debt Verification: Request the debt collector to provide written verification of the debt within 30 days of receiving the letter. This verification should include the details of the debt, such as the original creditor's name, the account number, and the amount owed. 3. Legal Rights: Highlight the debtor's legal rights, which are protected under the FD CPA. These rights include the right to dispute the debt, the right to request additional information, and the right to seek legal counsel. 4. Method of Communication: State the preferred method of communication, such as mail, and provide the debtor's updated contact information (mailing address). 5. Penalties: Inform the debt collector that any continued communication attempts in violation of the request are considered harassment and a violation of the FD CPA. Outline the potential penalties debt collectors may face for non-compliance, including statutory damages, attorney's fees, and possible reporting to regulatory authorities. It is worth mentioning that there are no specific variations of the Arizona Letter Informing a Debt Collector to Cease Communications. However, some individuals may choose to customize the tone or content of the letter based on their unique circumstances or preferences. Nevertheless, the keywords mentioned above should generally be included to ensure the letter's effectiveness and compliance with Arizona and federal law.
