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Letter Informing Debt Collector of False or Misleading...

Delaware Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing Any Services Rendered or Compensation Which May be Lawfully Received by any Debt Collector for the Collection of a Debt

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-19.8BG

Format:

Instant download

Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

“(2) The false representation of . . . any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. “

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FAQ

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.

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'.

5 things debt collectors can doSeek payment on an expired debt. All unsecured debts, like credit cards and medical bills, have a statute of limitations.Pressure you.Sue you for payment on a debt.Sell your debt.Negotiate what you owe.5 Ways the Fair Debt Collection Practices Act Protects You.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

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.

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

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.

A debt collector may state that certain action is possible, if it is true that such action is legal and is frequently taken by the collector or creditor with respect to similar debts; however, if the debt collector has reason to know there are facts that make the action unlikely in the particular case, a statement that

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.

A debt collector may not communicate with a consumer at any unusual time (generally before a.m. or after p.m. in the consumer's time zone) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.

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