District of Columbia Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices

State:
Multi-State
Control #:
US-DCPA-20
Format:
Word; 
Rich Text
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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 unfair or unconscionable means to collect a debt.

Examples of unfair practices include:

  • Collecting an amount not authorized by the agreement creating the debt or by law.
  • Soliciting a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
  • Depositing a postdated check prior to the date on the check.
  • Causing a person to incur charges for communications by concealing the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
  • Taking, or threatening to take, any nonjudicial action to enforce a security interest on property such as repossessing a consumer's property where (a) there is no present right to the collateral, (b) there is no present intent to exercise such rights, or (c) the property is exempt by law.
  • Communicating with a consumer regarding a debt by post card.
  • Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use their business name if such name does not indicate that they are in the debt collection business.

    Use this form to let a debt collector know you will not tolerate unfair practices.

    This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    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.

    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.

    Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

    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.

    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.

    5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement.Threaten to Have You Arrested.Publicly Shame You.Try to Collect Debt You Don't Owe.Harass You.

    The FDCPA broadly defines a debt collector as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or

    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.

    The FDCPA prohibits debt collectors from engaging in harassment or abuse, making false or misleading representations, and engaging in unfair practices.

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    District of Columbia Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices