Digital Signature Licitness for Cease and Desist Letter in United States

How to eSign a document: digital signature licitness for Cease and Desist Letter in United States

hello and welcome to our video my name is John watts and the question we'll look at today is receive this from a potential client sent the debt collector cease and desist letter by certified mail a few weeks later they sent another collection letter can I sue under the FDCPA so first of all very smart send things my certified mail bill to prove that the collector actually received it so let's start off by looking at the actual section of the law that applies that the FDCPA the Fair Debt Collection Practices Act and that is section 1692c and then subpart C so here we see that if the consumer notifies the debt collector in writing it has to be in writing verbal does no good must be in writing that one of two things consumer refuses to pay or consumer wishes debt collector sees further communication then the debt collector shall not communicate further so as we've talked about in other videos this is not a suggestion it's not a guideline it's not hey guys this would be a good prank note it's an absolute prohibition you cannot ever communicate with that consumer again except it gives us three exceptions to tell the consumer you're not gonna do any more collection number two to say hey we may invoke some remedies that might be things like we're going to credit board or we're going to sue or whatever it might be which are ordinarily invoked or number three to say hey we're going to actually do this one specific remedy and we're just alerting you to it and then this part that I have in green tells us that when the consumer makes that notification that they refuse pay the debt or they wish for communications to cease it's effective when it's received that's why you gotta send it by a certified mail or at the collector look if a collector is willing to break the law and contact you collect against you after a cease-and-desist letter well then lying about getting the letters no problem if you just send a regular mail they'll just go we never got so you gotta do it by certified and then this Part D tells us who a consumer is so that's the spouse okay it's obviously the consumer and the consumer spouse if the consumer is a minor it would be the parent but 99.9% of the time what we're talking about is the spouse okay so what do you do well first you ask yourself can I prove the cease contact letter was received that's why I say do certified mail and then number two was there enough time between the letter and the communication so let's say that the debt collector signs for the letter on September 15 and September 16 a letter goes out to you well technically that would violate the law but they have a pretty good argument that well look maybe that letter was already kind of in the pipeline to go out to you so I prefer to see you know 14 days 21 days something like that so that there's no argument I mean really 5 days would be enough 3 days would be enough but let's see if there's maybe 7 or 10 days 14 days and then we always ask ourselves does the FDCPA apply am i a consumer is this consumer debt so it's not business debt am I dealing with the debt collector or is this the original creditor and then is there violation of the law in this situation violation 1692 see if if you have all those then you definitely need to look at suing this collector so thanks for watching this video and if you have questions or comments feel free to put those below or you can visit our website Alabama consumer comm or if you are in Alabama feel free to give us a call two oh five eight seven nine two four four seven that's 205 879 24 47 and you guys have a great day bye bye