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. 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.
Type 1: Pennsylvania Letter Informing Debt Collector that Debtor is Represented by an Attorney Dear [Debt Collector's Name], I am writing to inform you that I am currently representing the debtor in question regarding the alleged debt you have been pursuing. As a licensed attorney registered with the Pennsylvania Bar Association, I am now representing the debtor and will be handling all communications related to this matter going forward. As per the Fair Debt Collection Practices Act (FD CPA), Section 805(b), it is crucial that you direct any further communication, including but not limited to phone calls, letters, or emails, solely to me, the debtor's legal representative. This request is being made to ensure that the debtor's rights are protected and to prevent any potential violations of the FD CPA. I kindly request that you update all your records to reflect my representation of the debtor, including my contact information provided below: Attorney Name: Firm Name: Address: City, State, ZIP: Phone: Email: Please be advised that any attempts to contact the debtor directly, whether in person or through any means, after receiving this notice would be considered a violation of the FD CPA. This includes contacting the debtor's family members, employer, or any other third party regarding the debt. Furthermore, I would also like to request that you provide me with all relevant documentation pertaining to the alleged debt, including but not limited to the original creditor, the account number, a detailed account summary, and any supporting paperwork. It is vital to ensure that the debt is accurately validated, as required by the FD CPA. I expect that you will cooperate and act in accordance with the law by ceasing any further contact with the debtor and directing all future correspondences to me. Failure to comply with this notice may result in legal action being pursued against the debt collection agency, as allowed under the FD CPA. Please consider this letter as a final warning and an opportunity for the debt collection agency to rectify any previous or potential violations of the debtor's rights. I trust that you will respect the debtor's legal representation and handle this matter with the utmost professionalism and within the legal boundaries. Thank you for your prompt attention to this matter. Sincerely, [Attorney's Name] [Attorney's Contact Information] Type 2: Second Notice Pennsylvania Letter Informing Debt Collector that Debtor is Represented by an Attorney Dear [Debt Collector's Name], This letter serves as a follow-up to the previous communication sent on [date] regarding my representation of the debtor in the above-mentioned matter. Despite our prior notification, it has come to my attention that you or your agency continues to initiate contact with the debtor, disregarding their legal rights established under the Fair Debt Collection Practices Act (FD CPA). As a licensed attorney registered with the Pennsylvania Bar Association, I reiterate my request that all future communications regarding this debt be directed solely to my attention. Any further contact with the debtor or any third party, including phone calls, letters, or emails, would be deemed as a willful violation of the FD CPA and could result in legal action being pursued against your agency. In addition, failure to comply with this notice may not only expose your agency to financial penalties but may also lead to reputational damage. It is in your best interest to abide by the law and cease any direct or indirect contact with the debtor immediately. Should you have any questions regarding the debtor's representation or require additional documentation to validate the alleged debt, please contact me directly at the information provided below: Attorney Name: Firm Name: Address: City, State, ZIP: Phone: Email: I expect full compliance within [a reasonable time frame, e.g., ten business days] from the receipt of this letter. Failure to do so will be considered an intentional violation of the FD CPA, which may necessitate pursuing all available remedies under the law. Thank you for your immediate attention to this matter. Sincerely, [Attorney's Name] [Attorney's Contact Information]
