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 California, a Letter Informing a Debt Collector to Cease Communications with the Debtor is a legal document used by individuals who wish to stop receiving collection calls and letters from a debt collector. This letter is based on the protections granted under the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). The purpose of this letter is to assert the debtor's rights and to formally request that the debt collector immediately ceases all communication attempts related to the specified debt. By sending this letter, the debtor is exercising their right to control the means and frequency of communication regarding the debt. The key elements that should be included in the letter are the debtor's identifying information such as name, address, and phone number, as well as the identifying information of the debt collector, including their name, address, and phone number. The debtor should also identify the specific debt for which they are requesting a cessation of communications. The letter should explicitly state that the debtor is exercising their rights under the FD CPA and RFD CPA and asserting their request to cease communication. It is also important to mention that any further contact regarding the debt will be considered a violation of the debtor's rights, and the debtor reserves the right to take legal action. Additionally, the debtor should include a section requesting confirmation of receipt and an option for the debt collector to contact the debtor only to provide verification of the debt or to notify the debtor about any potential legal actions. It is worth noting that there might be different variations or formats of the California Letter Informing a Debt Collector to Cease Communications with the Debtor, depending on the specific requirements or recommendations from attorneys or consumer organizations. These variations may entail slightly different wording or additional language to strengthen the debtor's position. Some specific types or variations of this letter might include the "Certified Mail or Return Receipt Requested" version, which asks the debtor to send the letter via certified mail to create an official record of the communication. Another variation might involve sending the letter via email or fax, accompanied by a confirmation request to ensure it has been received. Overall, the purpose of the California Letter Informing a Debt Collector to Cease Communications with the Debtor is to assert the debtor's rights, provide legal notice, and establish communication boundaries. It is essential to carefully craft the letter to ensure it effectively communicates the debtor's intentions and demands while adhering to the relevant laws and regulations.
