Debt Collector Unlawful For Private Parties

State:
Multi-State
Control #:
US-DCPA-28
Format:
Word; 
Rich Text
Instant download

Description

The document serves as a template letter for notifying debt collectors about their unlawful practices under Section 806 of the Fair Debt Collection Practices Act (FDCPA). Specifically, it prohibits debt collectors from harassing individuals, including leaving messages with third parties, when they have the consumer's contact information. The template includes space for users to detail specific violations and provides the structure for both a first and a second notice. After the first violation, users are encouraged to file complaints with the Federal Trade Commission and their state attorney general. The second notice reiterates the legal implications of continued violations and underscores the consumer's right to seek damages. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a formal way to address unlawful debt collection practices, maintain documentation, and guide clients through the complaint process. It helps ensure that clients are aware of their rights and provides a clear path for resolution.
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  • Preview Notice to Debt Collector - Unlawful Messages to 3rd Parties
  • Preview Notice to Debt Collector - Unlawful Messages to 3rd Parties
  • Preview Notice to Debt Collector - Unlawful Messages to 3rd Parties
  • Preview Notice to Debt Collector - Unlawful Messages to 3rd Parties

How to fill out Notice To Debt Collector - Unlawful Messages To 3rd Parties?

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FAQ

Debt collectors don't have any special powers that can help them to collect a debt. You might find that they contact you through phone calls and letters however in some cases they may visit your home too. If a debt collector shows up at your house, you don't have to open the door to them or let them in.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here. Phone numbers do not matter; how many debts your agency has for the consumer does.

More than seven times within seven consecutive calendar days [?call frequency prong?]; or. Within a period of seven consecutive calendar days after having had a telephone conversation with the person in connection with the collection of such debt [?conversation frequency prong?].

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm. Learn more about what's considered an abusive practice.

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Debt Collector Unlawful For Private Parties