Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes placing telephone calls without meaningful disclosure of the caller's identity.
California Notice to Debt Collector - Not Disclosing the Caller's Identity
Category:
State:
Multi-State
Control #:
US-DCPA-33
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.
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How to fill out Notice To Debt Collector - Not Disclosing The Caller's Identity?
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FAQ
The CCPA allows a consumer to request information about what has happened in the past year. Collection agencies should begin drafting letters to respond to requests and provide information (and potentially documents and recordings) that was obtained during the last 12 months.
6. Does the CCPA apply to nonprofits or government agencies? No. The CCPA does not apply to nonprofit organizations or government agencies.
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Be aware that collection agencies are forbidden from trying to collect a without first notifying you in writing or making a reasonable attempt to do so. Do not share financial and personal information if you are not certain you are dealing with a real collection agency.
The Fair Debt Collection Practices Act (FDCPA) It is always your choice whether to provide any information to a debt collector, even a legitimate one, including whether to verify your identity.
Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)
Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector.
Debt collectors often ask for Social Security numbers, birth dates or other personal information to ensure they have reached the correct debtor.
In 2020, the California legislature passed SB 908, the Debt Collection Licensing Act (DCLA), which provides for the licensure, regulation, and oversight of California debt collectors by the Department of Financial Protection and Innovation.
While the FDCPA prohibits debt collectors from sharing consumer information in almost all cases, the GLBA still requires debt owners to provide debtors with a specific statement concerning the ways in which those debt owners may share information.
