District of Columbia Notice to Debt Collector - Unlawful Messages to 3rd Parties

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Multi-State
Control #:
US-DCPA-28
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Word; 
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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 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

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.

If you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

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.

A collector can only call that third party one time. A second communication is only allowed if the collector believes that the person they called was mistaken about the information and they may now have the correct information.

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 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.

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.

More info

21-May-2019 ? Washington, DC area and at the Bureauaccount to a third-party debt collector tothird of consumers with a credit file at.145 pages 21-May-2019 ? Washington, DC area and at the Bureauaccount to a third-party debt collector tothird of consumers with a credit file at. This includes attorneys who collect debts, as well as collection agencies and other companies that collect debts for other businesses. The FDCPA does not apply ...06-May-2020 ? Plaintiff (e.g., creditor or debt buyer) files a complaint in court and provides notice of the lawsuit to defendant (i.e., person being sued). 06-Nov-2018 ? The Fair Debt Collection Practices Act (FDCPA),. 15 U.S.C. 1692 et seq., imposes various requirements on ?a debt collector in ... By a debt collection agency, the right to specify periods when and places whereWrongful Conduct: Some Tort Remedies for Debtors, Legal Guide DC-3.14. 31-Aug-2016 ? Section 803(6) defines "debt collector" as a party "who uses anyor possession of the United States, the District of Columbia, ... 27-Oct-2021 ? Before a debt collector can file a court case, they must send the debtor a written "validation notice" telling the debtor how much they owe, ... (a) A creditor may not take an assignment of earnings of the consumer forwhether it collects the debt itself or hires a third party for collection, ... The Fair Debt Collection Practices Act is a federal law that governs practices by third-party debt collectors ? those who buy a delinquent debt from an ... 30-Nov-2020 ? However, a debt buyer also may use a third-party debt collector or aa message found not to be a communication by one Federal district ...

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District of Columbia Notice to Debt Collector - Unlawful Messages to 3rd Parties