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Notice to Debt Collector - Unlawful Messages to 3rd Parties

Messages Debt Collection Without Consent

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-28

Format:

Instant download

Description

The document serves as a template for sending a notice to debt collectors who engage in the practice of leaving messages with third parties, in violation of Section 806 of the Fair Debt Collection Practices Act (FDCPA). This act clearly prohibits debt collectors from contacting individuals indirectly when they have direct contact information for them. The form outlines two sample letters: the first one serves as an initial violation notice, while the second acts as a follow-up if the harassment continues. Key features include spaces for personal and company information, case numbers, and sections to describe specific violations. Users are instructed to send these letters via certified or registered mail for documentation purposes. The form is particularly useful for individuals in legal professions—such as attorneys, partners, owners, associates, paralegals, and legal assistants—allowing them to assist clients in addressing and resolving unwanted debt collection activities effectively. It provides a clear procedural pathway to document and escalate complaints to authorities if violations persist.

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

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FAQ

Although they are legally allowed to leave you a voicemail, it can only be done on a private cell phone where they are sure it will not be heard by a third party. Do not stand for debt collectors that violate the FDCPA. Always save your voicemail messages and any proof that may be usable in court. Can a Debt Collector Leave a Voicemail? | SoloSuit Blog solosuit.com ? posts ? can-debt-collector-lea... solosuit.com ? posts ? can-debt-collector-lea...

If you've ever received a text message from a debt collector, you've probably wondered whether it was legal. It's certainly unusual but debt collectors are not prohibited from making contact with you via text messages. Knowing your rights, and the law, will help you reduce some of the stresses of debt collection. Can Debt Collectors Send Text Messages under FDCPA? thebalancemoney.com ? can-debt-collectors-... thebalancemoney.com ? can-debt-collectors-...

6 Ways to Deal With Debt Collectors Check Your Credit Report. ... Make Sure the Debt Is Valid. ... Know the Statute of Limitations. ... Consider Negotiating. ... Try to Make the Payments You Owe. ... Send a Cease and Desist Letter.

Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector. Should I share personal information with a debt collector? consumerfinance.gov ? ask-cfpb ? should-i-... consumerfinance.gov ? ask-cfpb ? should-i-...

If you receive a text purporting to be from a debt collector, do not share personal or sensitive information via text message, especially if it's from someone you do not know. Instead, ask for validating details so you can confirm the debt and the person texting you are legitimate. SMS Debt Collection: Can Debt Collectors Text You? | MMI moneymanagement.org ? blog ? are-debt-co... moneymanagement.org ? blog ? are-debt-co...

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Notice to Debt Collector - Unlawful Messages to 3rd Parties

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FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

Note: This summary is not intended to be all inclusive

What is it?

The Fair Debt Collection Practice Act (FDCPA) helps you avoid being taken advantage of by predatory debt collectors in your time of trouble. It prohibits a debt collector from using harassment or abuse, false or misleading representations, or unfair practices for the purpose of collecting a debt. It also provides you with rights you can assert such as: requiring a debt collector to only contact your attorney, designating when and where a debt collector may and may not contact you, requiring a debt collector to entirely cease communications with you regarding a debt, requiring a debt collector to verify the existence and amount of a debt, and to dispute a debt.

HOW IS THE FDCPA APPLIED?

The FDCPA applies to DEBT COLLECTORS engaged in collecting DEBTS owed by CONSUMERS.

Who Is a Debt Collector?

According to the FDCPA, a debt collector is any person, other than the creditor, who regularly collects debts owed to others. It normally does not include the original creditor or a credit card issuer collecting on its cardholders account. The FDCPA was amended in 1986 to include attorneys who collect debt on a regular basis. However, this amendment does not apply to attorneys who only handle debt collection matters a few times a year.

Who is a Consumer?

A Consumer is any natural person obligated to pay a debt. Therefore, business entities such as corporations, partnerships, or limited liability companies are not considered consumers under the FDCPA.

What Debts Are Covered?

Personal, family, and household debts are covered under the Act. This includes money owed for medical care, charge accounts, student loans, and car purchases. Alimony, tort claims, and non-pecuniary obligations are not covered.

How May a Debt Collector Contact You?

A debt collector may not contact you at inconvenient or unusual times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the debt collector has reason to know that your employer disapproves.

Can You Stop a Debt Collector From Contacting You?

You may stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to notify you that some specific action will be taken, which could include the instigation of legal proceedings.

May a Debt Collector Contact Any Other Person Concerning Your Debt?

A collector can only contact you, your spouse if youre married, and your attorney. Generally, the collector is not allowed to tell anyone other than you and your attorney that you owe money. If you do not have an attorney, the debt collector may contact other people, but only to find out where you live or work. Furthermore, the collector is usually prohibited from contacting any person, other than you or your attorney, more than once.

What Is the Debt Collector Required To Tell You About the Debt?

Within five days after you are first contacted, the debt collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what to do if you believe you do not owe the money.

If You Believe You Do Not Owe the Money, May a Debt Collector Continue To Contact You?

The debt collector may not contact you if, within 30 days after you are first contacted, you send the collector a letter saying you do not owe the money. However, a debt collector can begin collection activities again if you are sent proof of the debt, such as a copy of the bill.

What Types Of Debt Collection Practices Are Prohibited?

Harassment:

Debt collectors may not harass, oppress, or abuse any person. Debt collectors may not: (a) Use threats of violence or harm to the person, property, or reputation. (b) Advertise your debt or publish a list of consumers who refuse to pay their debts (except to a credit bureau). (c) Use obscene or profane language. (d) Repeatedly use the telephone to annoy someone. (e) Telephone people without identifying themselves.

False statements:

Debt collectors may not use any false statements when collecting a debt. Debt collectors may not: (a) Falsely imply that they are an attorney or government representative. (b) Falsely imply that you have committed a crime. (c) Falsely represent that they operate or work for a credit bureau. (d) Misrepresent the amount of the debt. (e) Indicate that papers being sent are legal forms when they are not. (f) Indicate that papers being sent are not legal forms when they are.

Debt collectors may not say that:

(a) You will be arrested if you do not pay your debt. (b) They will seize, garnish, attach, or sell your property or wages, unless the collection agency or the creditor intends to do so, and it is legal. (c) Actions will be taken against you which legally may not be taken.

Debt collectors may not:

(a) Give false credit information about you to anyone. (b) Send you anything that looks like an official document from a court or government agency when it is not. (c) Use a false name.

Unfair Practices:

Debt collectors may not engage in unfair practices in attempting to collect a debt. Debt collectors may not: (a) Collect any amount greater than your debt, unless allowed by law. (b) Deposit a post-dated check before the date on the check. (c) Make you accept collect calls or pay for telegrams. (d) Take or threaten to take your property unless this can be done legally. (e) Contact you by postcard.

What Control Do You Have Over Payment Of Debts?

If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe.

What Can You Do If You Believe a Debt Collector Broke the Law?

You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damage you suffered, plus court costs and attorney's fees. A group of people may sue a debt collector and recover money for damages up to $500,000 or one percent of the collector's net worth, whichever is less.

Reference: Consumer Credit Protection Act and Fair Debt Collection Practices Act See 15 U.S.C. 1601 et seq.

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Notice to Debt Collector - Unlawful Messages to 3rd Parties

Need your Credit Report! Get it on-line in minutes!

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

Note: This summary is not intended to be all inclusive

What is it?

HOW IS THE FDCPA APPLIED?

The FDCPA applies to DEBT COLLECTORS engaged in collecting DEBTS owed by CONSUMERS.

Who Is a Debt Collector?

Who is a Consumer?

A Consumer is any natural person obligated to pay a debt. Therefore, business entities such as corporations, partnerships, or limited liability companies are not considered consumers under the FDCPA.

What Debts Are Covered?

How May a Debt Collector Contact You?

Can You Stop a Debt Collector From Contacting You?

May a Debt Collector Contact Any Other Person Concerning Your Debt?

What Is the Debt Collector Required To Tell You About the Debt?

If You Believe You Do Not Owe the Money, May a Debt Collector Continue To Contact You?

What Types Of Debt Collection Practices Are Prohibited?

Harassment:

False statements:

Debt collectors may not say that:

Debt collectors may not:

(a) Give false credit information about you to anyone. (b) Send you anything that looks like an official document from a court or government agency when it is not. (c) Use a false name.

Unfair Practices:

What Control Do You Have Over Payment Of Debts?

If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe.

What Can You Do If You Believe a Debt Collector Broke the Law?

Reference: Consumer Credit Protection Act and Fair Debt Collection Practices Act See 15 U.S.C. 1601 et seq.

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Messages Debt Collection Without Consent

Description

Viewed forms

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

Form popularity

FAQ

Are debt collectors allowed to leave message?

What if a debt collector sent me a text message?

How do you outsmart a debt collector?

What should you not say to a debt collector?

How do you respond to a debt collector text?

Trusted and secure by over 3 million people of the world’s leading companies

Messages Debt Collection Without Consent

Description

Viewed forms

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

Form popularity

FAQ

Are debt collectors allowed to leave message?

What if a debt collector sent me a text message?

How do you outsmart a debt collector?

What should you not say to a debt collector?

How do you respond to a debt collector text?

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