The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act sets forth strict rules regarding communicating with the debtor.
The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects. If the debtor tells the creditor the name of his attorney, any future contacts must be made with the attorney and not with the debtor.
[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Dear [Debt Collector's Name], RE: [Account Number/Reference Number] I am writing to inform you that, as per my rights under the Fair Debt Collection Practices Act (FD CPA) and the Consumer Financial Protection Bureau (CFPB) regulations, I am requesting that all communication regarding the above-mentioned debt be made strictly in writing and delivered to my home address. Please consider this letter as a formal request for you and your agency to cease and desist any and all communication attempts with me over the phone or through any other means except for written correspondence sent to my home address, as provided below: [Your Home Address] [City, State, ZIP Code] It is crucial that you understand my preference for written communication as it provides an accurate record of all interactions and avoids any potential misunderstandings. This request is made to protect my rights as a consumer and to ensure that my rights under the FD CPA are upheld. I also request that you refrain from contacting any third parties, including family members, associates, or employers, regarding this debt. Any violation of this request will be considered a breach of the FD CPA, and I will not hesitate to pursue legal action. Furthermore, I remind you that it is your responsibility to validate the debt as stipulated by the FD CPA. This includes providing documentation affirming the details of the debt, such as the original creditor, amount owed, and any relevant account statements. Please furnish this information within 30 days of receiving this letter. I appreciate your cooperation in this matter and expect that all future communication will adhere to this request. Please confirm in writing that you have received this notice and that all further communication will be conducted via mail to my home address. Thank you for your attention to this matter. Sincerely, [Your Name]
