Messages Debt Collection Without Permission

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

Description

The form titled 'Letter – Notice: Stop Leaving Messages with Third Parties' serves as a formal notification to debt collectors regarding violations of the Fair Debt Collection Practices Act (FDCPA), specifically Section 806. This section prohibits harassment through leaving messages with third parties when debt collectors have direct contact information for consumers. The form is designed to document and communicate violations clearly, aiding users in addressing unethical debt collection practices. Users are advised to send the letter via certified mail to maintain a record of delivery. The form includes sections to describe the violation in the user's own words, alongside instructions for sending follow-up notices if violations persist. Each subsequent notice reinforces the user's rights under the FDCPA and outlines the potential for civil action against the collector. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a structured approach to addressing debt collection abuses, ensuring compliance with legal obligations and protecting consumer rights. It can also serve as evidence in legal proceedings against persistent violators.
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How to fill out Notice To Debt Collector - Unlawful Messages To 3rd Parties?

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FAQ

Here's what the message includes: This is a call from [collector's name] with [collection agency's name]. [Collection agency's name] is a debt collector. Please call us back at [Phone number].

In the new changes to Regulation F, the frequency at which a collections agency can contact a consumer has changed. This change, presented in Section 1006.14B21A, addresses telephone call frequency and restricts agencies to contacting a consumer seven times within seven consecutive days.

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.

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.

Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.

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Messages Debt Collection Without Permission