District of Columbia Notice to Debt Collector - Not Disclosing the Caller's Identity

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.

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.

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FAQ

If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.

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.

A debt collector must tell you the name of the creditor, the amount owed, and that you can dispute the debt or seek verification of the debt. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

Debt collectors often ask for Social Security numbers, birth dates or other personal information to ensure they have reached the correct debtor.

For a debt collector to have the legal right to pull your credit report without your consent, you must owe the company a legitimate debt and it must stem from a voluntary credit transaction.

Can a debt collector call me if I am listed on the National Do Not Call Registry? Yes. Debt collectors and other companies you have business relationships with can still call you under the Do Not Call law.

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.

While these procedures may vary by company and whether the call is inbound or outbound, there is a common thread: generally debt collectors ask the consumer to verify some piece of personal information, such as the last four digits of the consumer's social security number or the consumer's birth date, to ensure they

Do Debt Collectors Have to Identify Themselves in Phone Calls? The FDCPA (15 U.S.C. 1692d(6)) says that, when a debt collector fails to reveal their identity in a phone call, it is a form of harassment or abuse. Courts have ruled that debt collectors must state their name and the company they work for when calling.

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District of Columbia Notice to Debt Collector - Not Disclosing the Caller's Identity