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California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
Control #:
US-DCPA-19.18BG
Format:
Word; 
Rich Text
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."


This would include falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.

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FAQ

Responding to a debt collection letter in California requires a clear understanding of your rights. You can send a California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt to dispute any inaccuracies. Ensure you document all communications and retain copies of your correspondence. It's beneficial to seek professional advice or use resources like US Legal Forms for templates.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

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.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

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.

Honesty: Debt collectors cannot mislead you about who they are, how much money you owe or the legal repercussions of not paying your debt for instance, by threatening arrest. Challenging the debt: You have a right to dispute the debt.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Your letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

To remove the collection account from your credit report early, you can ask a company for a goodwill deletion, but there's no guarantee you'll receive forgiveness. If you have a collection account on your report that's inaccurate or incomplete, dispute it with each credit bureau that lists it on your credit report.

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