Alabama Notice to Debt Collector - Unlawful Messages to 3rd Parties

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

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

If a company or bill collector damages your credit through no fault of your own, you have the right to sue and potentially win a settlement. Many civil courts are starting to recognize good credit as a valuable asset.

Can You Sue a Company for Sending You to Collections? Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance or is greater than seven years old, you can file a dispute.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

More info

Assertions Made in State Court or Unlawful Threats in Violation oflimited to third party debt collectors, covers FDCPA exempt creditors as.59 pages Assertions Made in State Court or Unlawful Threats in Violation oflimited to third party debt collectors, covers FDCPA exempt creditors as. By way of background, the statutory scope of the FDCPA does not reach first-party creditors, instead applying only to entities collecting ?debts ...Debt collectors may not harass, oppress, or abuse you or any third parties they contact.Was it a phone call, voice mail, letter or paper message? (h) The false representation that collection letters, notices or otherdebtor in connection with collecting the debt by the third-party debt collector. For some, these unmanageable debts have led to arrest and jail time after debt collectors take them to court. The ACLU found arrest warrants being issued in ... This title may be cited as the ?Consumer Protection for Medical Debt Collections Act?. SEC. 402. Amendments to the Fair Debt Collection Practices Act. (a) ... Learn about the statute of limitations on debt in Mississippi.addressing liability for third-party disclosures through voice messages, ... You may owe a debt, but you still have rights. And debt collectors have to obey the law. ; threatening violence or other criminal acts; using profane or obscene ... Debt Collector (Creditor) Cease and Desist ? Inform a creditor to halt alland Desist ? Give official notice to a 3rd party that is infringing on a ...

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Alabama Notice to Debt Collector - Unlawful Messages to 3rd Parties