Arkansas Notice to Debt Collector - Misrepresenting Someone as an Attorney

State:
Multi-State
Control #:
US-DCPA-35
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 use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.

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FAQ

You have two tools you can use to dispute a debt: first, a debt validation letter the debt collector is required to send you, outlining the debt and your rights around disputing it; then, a debt verification letter. You can submit a written request to get more information and temporarily halt collection efforts.

File a complaint The DFPI regulates debt collection in the state of California. If a debt collector is contacting you or if a debt collector is lying or threatening you, you can quickly and easily file a complaint on the DFPI File a Complaint Webpage.

When It's Not Your Debt Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ... Dispute the debt on your credit report. ... Lodge a complaint. ... Respond to a lawsuit. ... Hire an attorney. What Are My Rights Against a Debt Collector? - Nolo nolo.com ? legal-encyclopedia ? what-are-m... nolo.com ? legal-encyclopedia ? what-are-m...

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ... Fair Debt Collection Practices Act | Federal Trade Commission Federal Trade Commission (.gov) ? legal-library ? browse ? rules Federal Trade Commission (.gov) ? legal-library ? browse ? rules

If you believe you already paid the debt, do not owe the debt, the amount is incorrect, or that it's not even your debt, you may send a written request to the debt collector to dispute the debt or receive more information.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency. Debt Collectors | State of California - Department of Justice ca.gov ? consumers ? general ? debt-collectors ca.gov ? consumers ? general ? debt-collectors

Debt collectors are not allowed to falsely claim or imply that: They are attorneys or government representatives. You have committed a crime by not paying a debt. They operate or work for a credit reporting company. What is an unfair, deceptive or abusive practice by a debt collector? consumerfinance.gov ? ask-cfpb ? what-is-a... consumerfinance.gov ? ask-cfpb ? what-is-a...

A person who collects or attempts to collect defaulted debts that the person has purchased, but who does not collect or attempt to collect, directly or indirectly, debts owed or due, or asserted to be owed or due, to another, and who does not have a business the principal purpose of which is the collection of debts, is ... § 1006.2 Definitions. | Consumer Financial Protection Bureau consumerfinance.gov ? regulations consumerfinance.gov ? regulations

Under federal law, a debt collector must go through your attorney if they know that you have one, so it's a good idea ? if you get legal representation ? to tell the collector the name of the attorney who is representing you and how to contact them. How do I find a lawyer to help me with a creditor or collector trying to ... consumerfinance.gov ? ask-cfpb ? how-do-i... consumerfinance.gov ? ask-cfpb ? how-do-i...

You may also report your complaint to the FTC. The FTC enforces the federal Fair Debt Collection Practices Act, which prohibits abusive, unfair, or deceptive debt collection practices.

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Arkansas Notice to Debt Collector - Misrepresenting Someone as an Attorney