Attempting To Collect A Debt Not Owed

State:
Multi-State
Control #:
US-DCPA-19.14BG
Format:
Word; 
Rich Text
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."

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  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed
  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed

How to fill out Letter Informing Debt Collector Of False Or Misleading Misrepresentations In Collection Activities - Communicating Or Threatening To Communicate To Any Person False Credit Information, Including The Failure To Communicate That A Debt Is Disputed?

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FAQ

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.

You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.

How To Prove a Debt Isn't Yours (and Dispute It) Gather your credit reports and bank statements. Request that debt collectors contact you via mail. Send a debt validation letter within 30 days. Check the reporting limits in your state. File an official identity theft report with the FTC.

The disclaimer keeps debt collectors from tricking you into giving up information that can be used against you. If a third-party debt collection agency or collection attorney contacts you and doesn't give the disclosure, it has violated the Fair Debt Collection Practices Act.

On the other hand, here's what you shouldn't do. Don't give a collector any personal financial information, make a "good faith" payment, make promises to pay, or admit the debt is valid.

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Attempting To Collect A Debt Not Owed