The following is my SECOND cease-and-desist letter that I sent to United Cash Loans on October 9. It is rather self-explanatory.
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9 October
United Cash Loans
3531 P Street NW
Miami, Oklahoma 74354
To Whom It May Concern:
On 30 July I sent you a letter demanding that your company immediately cease and desist from making any further collection calls either to my home or cell phone.
In my initial letter, I cited the fact that on at least two occasions, your company made collection calls to my employer without my permission, in clear violation of Section 805, Subsection (b) of the federal Fair Debt Collection Practices Act (15 USC 1692c).
To date, your company has refused to comply with my cease-and-desist demand and continues to make collection calls to my home. Each call that your company makes is a further violation of the FDCPA.
The fact that your company is a “tribal lending entity wholly owned by the Miami Tribe of Oklahoma, ” as stated on your company's Website, DOES NOT ABSOLVE YOU FROM LIABILITY UNDER THE FDCPA. Federal law TRUMPS any state, county, municipal – or tribal – law.
Therefore, pursuant to Section 809, Subsection (b) of the FDCPA (15 USC 1629g), you are hereby ORDERED to stop making any further collection calls. Because of your company's repeated violations of the FDCPA, you have FORFEITED any right to collect.
FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN COMPLAINTS FILED AGAINST YOUR COMPANY WITH THE U.S. JUSTICE DEPARTMENT FOR ILLEGAL HARASSMENT UNDER THE FDCPA.
In addition, copies of this letter will be sent to my attorneys for possible legal action in the event that your company continues in refusing to comply with this order.
This is your FINAL WARNING.
Sincerely,
[Legal name withheld for privacy reasons]
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I sent my second CAD letter via Certified Mail and received the return receipt on October 15, with the signature of one Carolyn Williams of UCL, dated October 11. As of today (October 26), I am STILL receiving collection calls from UCL. Their name and phone number showed up on my Caller ID.
These bottom-feeding scumbags are openly defying FEDERAL LAW and must be held accountable. I already made good on my warning to UCL and filed formal complaints to the Federal Trade Commission and the new federal Consumer Financial Protection Board. My next step is to file a complaint with the civil division of the Justice Department. I am hell-bent and determined to hold UCL accountable to the fullest extent of the law. These so-called "Tribal" payday lenders can circumvent state laws, but they cannot willfully defy federal law and expect to get away with it.
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