The phrase is real, and it does something. "Please cease and desist all calls and contact with me, immediately." Eleven words. Section 1692c(c) of the Fair Debt Collection Practices Act says that once a debt collector has your written request to stop communicating, it must stop. The gap is everything the ad wraps around those words. Which means: you are being sold a right you already have, labeled with the wrong law, as a cure for three things it does not touch.
My fourteen-year-old found the ad first. She read it aloud at dinner in the voice she uses for commercials and asked what 91-508 was. I said I'd look it up. She timed me, and it was not my best evening.
The number on the ad
Public Law 91-508 was signed on 26 October 1970. Title VI of it is the Fair Credit Reporting Act, and most of the rest is the Bank Secrecy Act. Neither part says a word about a debt collector calling you. The right to make one stop arrived seven years later, in Public Law 95-109, the Fair Debt Collection Practices Act, signed 20 September 1977. Which means: the "buried loophole" is a section printed on its own page in a different statute, and it has been the law for forty-nine years.
What the words do
- In writing, they stop the collector communicating with you. Section 1692c(c) and Regulation F, § 1006.6(c), leave three exceptions: a notice that the collector is ending its efforts, a notice that it or the creditor may use a remedy it ordinarily uses, and a notice that it intends to use a specific one. The usual specific one is a lawsuit. Which means: the last letter you get after a cease letter may be the one saying it is filing.
- Spoken, they stop the calls. Regulation F, § 1006.14(h), bars a collector from using a medium you have told it not to use. Say it on the phone and the phone is off limits for that collector. The mailbox is not. Which means: the ad's version works on the line you said it on.
- They reach debt collectors, not your lender. Section 1692a(6) leaves out a creditor's own employees collecting in the creditor's own name. The bank you borrowed from is usually not a debt collector under this law.
- They do not touch the debt, the lawsuit, or the bureaus. Section 1692c(c) governs communication with you. It does not mention the balance, the court, or your credit report. The debt is still owed, the collector can still sue, and nothing in the section reaches your file.
When to send it, and when not to
If the debt is wrong, this is the wrong first letter. Inside thirty days of the collector's first written notice, the letter you want is the validation request under § 1692g, Letter D, and collection pauses until the answer arrives. If the reporting is wrong, that letter goes to the bureau, with the document enclosed, the way the nine sections lay out. Once you have disputed a debt, § 1692e(8) bars the collector from reporting it without saying it is disputed.
Send the cease letter when you know what the debt is and you want quiet while you decide what to do about it. Never send it instead of answering a court summons. A summons carries its own deadline, set by the court, and a letter to the collector does not move it.
QualifyReady drafts the validation and dispute letters with the field and the exhibit named. A cease letter is one sentence, and you can write it yourself tonight. If you want it in your package anyway, ask, and it gets drafted. It is your report.
Step one: if a collector called you this week, write down its name, the date and the amount it gave you before Friday the 25th, and decide which of the three letters you need before you say eleven words to anyone.
Sources
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692c(c) — ceasing communication (FDCPA § 805(c), added by Pub. L. 95-109, 20 September 1977)
- 15 U.S.C. § 1692a(6) — definition of debt collector; a creditor's own employees collecting in its name are excluded
- 15 U.S.C. § 1692g — validation of debts
- 15 U.S.C. § 1692e(8) — failure to communicate that a disputed debt is disputed
- Regulation F, 12 CFR § 1006.6(c) — communications after a refusal to pay or a cease-communication notice
- Regulation F, 12 CFR § 1006.14(h) — prohibited communication media
- 15 U.S.C. § 1681, source credit — the FCRA as Title VI of Pub. L. 91-508, 26 October 1970
- Calvin Noman — Three letters inside one thirty-day clock
- Calvin Noman — Nine sections most people have never read, read
Every statutory citation in this article was checked against the source listed before publication. Nothing here is legal advice; if your situation has legal consequences, talk to a licensed attorney in your state.
