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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 - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
Control #:
US-DCPA-19.20BG
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 asserting that the debt collector cannot accept partial payments when they have been authorized.

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  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can
  • Preview Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can

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FAQ

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.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

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.

(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.

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.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

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).

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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 - Asserting that the Debt Collector Cannot Accept Partial Payments When They Can
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