Cease and Desist — In Plain Words

The gap in the official sources, stated up front

No CFPB page read for this page defines “cease and desist” for all topics. The CFPB pages read here are debt-collection pages. They talk about a consumer telling a debt collector to stop contact. They do not give a general definition that covers letters about other topics.

No official court self-help page read for this page gives a general guide to cease-and-desist letters either. The court coverage found is from California Courts Self Help, and it is narrow: a debt page that uses the name “cease-and-desist letter” for a letter asking a creditor or debt collector to stop contact, and an eviction-notice page that uses the name once, for a landlord letter required by some city laws. Both are labeled California example only every time they are used below.

Because of that gap, this page does not supply a general contents checklist, a general sending method, or a general reply rule for cease-and-desist letters. Pages on commercial sites list such things. Those sites were not used as sources for this page, and their lists and deadlines are not printed here.

A. Sending a cease-and-desist letter

For sending in general — a letter about a topic other than debt contact — no anchor read for this page states what the letter must contain, how it must be sent, or what the sender must prove. This page states none of those things for general letters, because no anchor read states them.

Sending is covered in the anchors for one situation only: a person who is being contacted about a debt sending a letter that asks the creditor or debt collector to stop contacting them. That sending is described in two fenced places below, and nowhere else on this page:

• The CFPB debt-collector stop-contact rule, in its own section below. Source: Ask CFPB and other CFPB debt-collection pages. Context: debt collectors only.
• The California debt example, in its own section below. Source: California Courts Self Help. Context: California example only, and that page covers a creditor or a debt collector.

Sample letters exist — this page does not copy them

The CFPB says it has sample letters a consumer can use to respond to a debt collector who is trying to collect a debt. Ask CFPB, on its stop-contact page, says: “We have sample letters that you can use to respond to a debt collector who is trying to collect a debt.” The CFPB’s archived page about those letters describes five of them. One of the five is for a consumer who wants the debt collector to stop any and all contact. That letter is described in the CFPB section below, in the CFPB’s own words.

California Courts Self Help — California example only, debt context — also points readers to the CFPB’s resources, including sample letters to send to debt collectors, and says a person can also talk to a lawyer to get help writing a cease-and-desist letter.

B. Receiving a cease-and-desist letter

For receiving in general — a person or business getting a cease-and-desist letter about a topic other than debt contact — no anchor read for this page states what the letter requires the receiver to do, or states a deadline for the receiver to reply. This page states no general reply deadline, because no anchor read states one.

The anchors do describe the receiving side in the debt situation, from the other chair. There, the receiver of the stop-contact letter is the debt collector or creditor. What the anchors say that receiver may and may not do after getting the letter is printed in the fenced sections below: the two allowed follow-up contacts in the CFPB section, and the matching California wording in the California debt section. Those wordings are fenced to that debt situation. This page does not present them as duties for everyone who receives any cease-and-desist letter.

One more receiving use appears in the court anchors. California Courts Self Help, on its eviction-notice page — California example only — says some city laws require that a landlord send the tenant a letter about the problem before the landlord gives the tenant a notice, and that this letter is sometimes called a “cease and desist letter.” An ordinance is a city law. That page gives no contents list for that letter and no reply deadline for that letter itself, and this page states none for it. The day counts on that eviction page belong to the eviction notices described there. They are not deadlines for that letter, and they are not printed on this page as letter deadlines.

The CFPB debt-collector stop-contact rule — debt collectors only

Scope fence for this whole section: Every sentence in this section is from a CFPB debt-collection page, about a consumer and a debt collector. None of it is a rule for cease-and-desist letters in general.

The law the CFPB names, and who it covers

Ask CFPB, on its page “What laws limit what debt collectors can say or do?”, says the Fair Debt Collection Practices Act, called the FDCPA for short, is the main federal law that governs debt collection practices, and that it prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

That same Ask CFPB page says the FDCPA covers the collection of debts that are primarily for personal, family, or household purposes. It says the FDCPA does not cover business debts, and also does not generally cover collection by the original creditor or the business you owed money to. It says that under the FDCPA, debt collectors can include collection agencies, debt buyers, and lawyers.

The stop-contact letter, as Ask CFPB states it

Ask CFPB, on its page “How do I get a debt collector to stop calling or contacting me?”, says: if you do not want a debt collector to contact you again, write a letter to the debt collector saying so.

That same Ask CFPB page says the CFPB’s Debt Collection Rule requires debt collectors to provide certain information when they first communicate with you, or shortly after, which is often in a letter called a validation notice. A validation notice, in that page’s words, includes information about the debt and the debt collector, as well as a “tear-off” form with checkboxes you can fill out to dispute or request more information about the debt. That page says that if the debt collector provides a way for you to submit the letter electronically, you can do that instead of sending a letter by mail.

That same Ask CFPB page says it is important that you respond to the debt collector in writing, even if they provide the validation information over the phone or through email. That page states no deadline for the stop-contact letter itself, and this page states none for it.

What the CFPB says the collector may still do afterward

Ask CFPB, on its page “How do I get a debt collector to stop calling or contacting me?”, says that once a debt collector receives your letter requesting they stop contacting you, they are not allowed to communicate with you again except to:

• Tell you there will be no further contact; or
• Advise you that they or the creditor may take other actions they are legally allowed to take, such as filing a lawsuit against you.

That same Ask CFPB page says stopping communication with a debt collector does not make the debt go away. It says they may find alternative ways to collect it from you — for example, they can file a lawsuit against you or report negative information to a credit reporting company, although that will not always happen.

The CFPB, on its page “Know your rights when a debt collector calls,” says the same kind of point this way: even if a debt is yours, you still have the right not to talk to the debt collector and you can tell the debt collector to stop contacting you; however, telling a debt collector to stop contacting you does not stop the debt collector or lender from using other legal ways to collect the debt from you, if you owe it — for example, they can file a lawsuit against you or report negative information to a credit reporting company.

The CFPB’s debt collection page says that when a debt collector contacts you, you can use the opportunity to find out about the debt and determine if you really owe it, and that a debt collector is required to provide the name of the creditor, the amount owed, how to dispute the debt, and more. That page says that if they will not or cannot provide this information, it could be a scam.

A dispute is a different letter — and it has the only timing sentence in this section

Ask CFPB, on its page “How do I get a debt collector to stop calling or contacting me?”, says that if you believe you do not owe the debt or it is not accurate, you can write to the debt collector to ask for their evidence. That page then states this timing sentence, in the debt-collector dispute context only: once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they have provided you with verification in response to your dispute.

That 30-day sentence is about disputing a debt. It is not a deadline for a stop-contact letter, and it is not a deadline for cease-and-desist letters in general. That same Ask CFPB page also says that if you are disputing the debt, it is important to do it immediately, even before you insist that they stop contacting you.

The CFPB’s five sample action letters, as the CFPB describes them

The CFPB, on its archived page “New ways to combat harmful debt collection practices,” says it published five action letters that consumers can consider using when replying to debt collectors, and that these letters can help consumers get valuable information about claims being made against them or protect themselves from inappropriate or unwanted collection activities. The CFPB describes the five situations this way:

• Needs more information on the debt — the CFPB says the first letter is for consumers who need more information about a debt the collector has told them they owe, and that the letter states the consumer is disputing the charges until the debt collector answers specific questions about what is owed.
• Wants to dispute the debt and for the debt collector to prove responsibility or stop communication — the CFPB says this letter tells the collector the consumer is disputing the debt and instructs the debt collector to stop contacting the consumer until they provide evidence that the consumer is responsible for that debt.
• Wants to restrict how and when a debt collector can contact them — the CFPB says that with this letter, the consumer is able to tell the debt collector how they would like to be contacted.
• Has hired a lawyer — the CFPB says this letter template provides a way for the consumer to give the debt collector the lawyer’s information and instruct the collector to contact only the lawyer.
• Wants the debt collector to stop any and all contact — the CFPB says consumers have the right to tell a debt collector to stop all communication. It says it is important to note that stopping contact does not cancel the debt or prohibit the collector from potentially pursuing other remedies, such as filing a lawsuit.

Those are the CFPB’s sample letters, for replying to a debt collector, on the CFPB’s site. This page does not copy them.

Keeping records, in the CFPB’s words for this debt context

Ask CFPB, on its page “How do I get a debt collector to stop calling or contacting me?”, says it is important to keep a record of any letters, documents, or communications a debt collector sends to you, and to write down dates and times of conversations, along with notes about what you discussed. That page says those records can help you if you are disputing the debt, meeting with a lawyer, or going to court.

That same Ask CFPB page says: if you send the debt collector a letter, make a copy and send the original to the debt collector; it is also generally a good idea to send the letter by certified mail, and if you pay for a “return receipt,” that gives you proof the debt collector received your letter; you may also send the letter electronically — just be sure to keep a copy.

That same Ask CFPB page also says to be careful what you say to a debt collector because they keep records as well, and that they can track any information you provide, including personal information or if you apologize or admit to owing the debt, and that those statements could be used against you.

If the collector keeps contacting you, in the CFPB’s words for this debt context

Ask CFPB, on its page “How do I get a debt collector to stop calling or contacting me?”, says that if the collector continues to contact you after receiving a written notice to stop, or after you have told them you have a lawyer and have provided the lawyer’s contact information, they are likely violating the Fair Debt Collection Practices Act (FDCPA).

That same Ask CFPB page says you can sue the debt collector for violating the FDCPA, and that if you sue under the FDCPA and win, the debt collector must generally pay your attorney’s fees and might also have to pay you damages. That page states no amount for those fees or damages, and this page states none. That same page says that if you are having trouble with debt collection, you can submit a complaint with the CFPB.

California example only — a cease-and-desist letter about debt contact

California Courts Self Help — California example only — says that in California, there are laws that say how and when the collector can contact you, and it lists limits that include limits on harassing or abusive contact and on false or misleading statements.

California Courts Self Help — California example only — says: if you want the creditor to stop contacting you, you can send a letter, called a cease-and-desist letter, asking the creditor to stop contacting you or to contact you only a specific way. That page — California example only — says the creditor must stop contact with you, but they can still file a lawsuit.

California Courts Self Help — California example only — under the heading “Cease and desist letters,” says: under California law, you have the right to demand that a creditor or debt collector stop contacting you. That page — California example only — says that to do this, you must notify them in writing that you want them to stop all communication, or stop a particular type of communication, such as telephone calls.

California Courts Self Help — California example only — says that after the collector gets your letter, they must stop contacting you, except to acknowledge that they will comply with your request or tell you that they will be filing a lawsuit.

California Courts Self Help — California example only — says, in bold on that page: send this letter by certified mail and keep a copy for yourself. That page — California example only — says you must send a separate letter for each debt if a collector is handling more than one account.

California Courts Self Help — California example only — says you can also talk to a lawyer to get help writing a cease-and-desist letter. That page — California example only — also points readers to the Consumer Financial Protection Bureau’s resources, including sample letters to send to debt collectors.

That California page — California example only — states no deadline for sending that letter, and this page states none for it.

What this page does not cover

• It does not give a general definition of a cease-and-desist letter beyond the fenced uses above, because no anchor read gives one. Letters about topics other than debt contact — and the landlord letter named once in the California eviction page — are covered only as far as the anchors above cover them, and no further.
• It does not give a fill-in-the-blank template, and it does not say any letter is legally sufficient.
• It does not say following any steps guarantees a result.
• It does not give a general reply or response deadline for a cease-and-desist letter. The only timing sentence printed on this page is the CFPB 30-day dispute sentence in the CFPB section above, printed with its CFPB source and its debt-collector dispute context. The CFPB stop-contact pages and the California debt page state no deadline for the stop-contact letter itself.
• It gives no dollar figures at all.
• It does not say a letter creates any protection beyond what an anchor states, in the anchor’s own context. The statements about what a collector may still do after a stop-contact letter are the CFPB’s and the California court’s statements, in their fenced sections above, and nowhere else on this page.
• It does not say what you should do in your own case.

Words to know

Cease-and-desist letter: In the California Courts Self Help debt page on this page, a letter asking the creditor to stop contacting you or to contact you only a specific way. California example only, debt context. No anchor read on this page defines the term for all topics.

Creditor: The person or company the debt is owed to, as the CFPB pages on this page use the term.

Debt collector: As Ask CFPB uses the term under the FDCPA on this page, debt collectors can include collection agencies, debt buyers, and lawyers collecting debts.

FDCPA: The Fair Debt Collection Practices Act. Ask CFPB calls it the main federal law that governs debt collection practices.

Validation notice: In Ask CFPB’s wording on this page, the information a debt collector provides when they first communicate with you, or shortly after, often in a letter. It includes information about the debt and the debt collector, and a “tear-off” form to dispute or request more information.

Dispute: To tell a debt collector, in the CFPB context on this page, that you do not owe the debt or that it is not accurate, and to ask for their evidence or verification.

Ordinance: A city law, as the California eviction page uses the word on this page.

General information only — not legal advice. This page was not written by a lawyer.

Only the CFPB, the court for your own place, and the sources above can speak to your own case. This page decides nothing.