Florida 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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    How to fill out Notice Letter To Debt Collector Of Section 808 Violation - Unfair Practices?

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    FAQ

    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.

    If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any

    There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

    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.

    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.16 Sept 2020

    Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

    The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

    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'.

    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.

    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.

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