Florida 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

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

Your personal information can never be disclosed to a third party as stated by the FDCPA. The only person to who your debt may be disclosed is your spouse. This means that debt collectors may not leave a voicemail message if it is shared with your employer, roommates, or even your children.

Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)

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.

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.

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

At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.

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.

The Fair Debt Collection Practices Act (FDCPA) It is always your choice whether to provide any information to a debt collector, even a legitimate one, including whether to verify your identity.

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Florida Notice to Debt Collector - Not Disclosing the Caller's Identity