California 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

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.

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.

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 must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

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.

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.

The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.

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.

More info

You can file a complaint with the FTC if you believe the debt collector never sent written notice. Most individuals complaining about ... The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law. Here ...This may influence which products we write about and where and how theHere are five things third-party debt collectors ? those who collect a debt on ... (h) The term "debtor" means a natural person from whom a debt collector seeks tothat request, if the third party advises the consumer of the name and ...7 pages (h) The term "debtor" means a natural person from whom a debt collector seeks tothat request, if the third party advises the consumer of the name and ... Unfortunately, third-party collectors continue to violate the law in many ways andcollectors send inadequate notice letters or no letters at all. State level consumer protections vary greatly and cover a wide range of topics,between debt collectors and debtors and/or third parties. The Fair Debt Collection Practices Act (FDCPA) is the federal law that defines what third party debt collectors can and cannot do when they're collecting a debt ... No, but third-party debt collectors and credit bureaus are required to file a $10,000 surety bond with the secretary of state before engaging in debt collection ... The notice must include details about how much is owed, that theQ: Can debt collectors call other people (a third party) to try to ... By law, a consumer must receive written notice (known as a debt validation letter) within five days of the collector's initial attempt to contact you. That ...

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