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Notice of Violation of Fair Debt Act - Improper Contact at Work

Idaho Notice of Violation of Fair Debt Act - Improper Contact at Work

Q: Which of the following is prohibited by the Fair Debt Collection Practices Act?

The FDCPA broadly prohibits a debt collector from using &#039;any false, deceptive, or misleading representation or means in connection with the collection of any debt. &#039; 15 U.S.C. 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-3

Format:

Instant download

Description

This form is for use by debtors in unfair collection practice situations, a Notice of Violation of Fair Debt Act regarding Improper Contact at Work. It is available in Word or Rich Text format.

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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.

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.

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 a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.

You have the right to be treated fairly by debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies to personal, family, and household debts. This includes money you owe for the purchase of a car, for medical care, or for charge accounts.

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.

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.

Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

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Notice of Violation of Fair Debt Act - Improper Contact at Work

FEDERAL FAIR DEBT COLLECTION ACT

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Note: This summary is not intendedto be an all inclusive summary of the Fair Debt Collection Practices Actbut does include many issues.

Who Is a Debt Collector?

According to the Federal FairDebt Collection Act, a debt collector is any person, other than the creditor,who regularly collects debts owed to others. Federal Fair Debt CollectionAct was amended in 1986 to include attorneys who collect debt ona regular basis. However, this amendment does not apply to attorneys whoonly handle debt collection matters a few times a year.

What Debts Are Covered?

Personal, family, and household debts are covered under the Act. This includes money owed for medical care,charge accounts, and even car purchases.

How May a Debt Collector Contact You?

A debt collector may contact you in person, by mail, telephone, or telegram. However, adebt collector may not contact you at inconvenient or unusual times orplaces, such as before 8 a.m. or after 9 p.m., unless you agree. A debtcollector may not contact you at work if the debt collector has reasonto know that your employer disapproves.

Can You Stop a Debt Collector From Contacting You?

You may stop a debt collector from contacting you by writing a letter tothe collection agency telling them to stop. Once the agency receivesyour letter, they may not contact you again except to notify you that somespecific action will be taken, which could include the instigation of legalaction.

May a Debt Collector Contact Any Other Person Concerning YourDebt?

A collector can only contact you and your attorney. Generally,the collector is not allowed to tell anyone other than you and your attorneythat you owe money. If you do not have an attorney, the debt collectormay contact other people, but only to find out where you live or work. Furthermore, the collector is usually prohibited from contacting any person,other than you or your attorney, more than once.

What Is the Debt Collector Required To Tell You About the Debt?

Within five days after you are first contacted, the debt collector mustsend you a written notice telling you the amount of money you owe, thename of the creditor to whom you owe the money, and what to do if you believeyou do not owe the money.

If You Believe You Do Not Owe the Money, May a Debt CollectorContinue To Contact You?

The debt collector may not contact you if, within 30 days after you are first contacted, you send the collectora letter saying you do not owe the money. However, a debt collector canbegin collection activities again if you are sent proof of the debt, suchas a copy of the bill.

What Types Of Debt Collection Practices Are Prohibited?

Harassment:

Debt collectors may not harass, oppress, or abuse any person. Debt collectors may not: (a) Usethreats of violence or harm to the person, property, or reputation. (b)Advertise your debt or publish a list of consumers who refuse to pay theirdebts (except to a credit bureau). (c) Use obscene or profane language.(d) Repeatedly use the telephone to annoy someone. (e) Telephone peoplewithout identifying themselves.

False statements.

Debt collectors may not use any false statementswhen collecting a debt. Debt collectors may not: (a) Falsely imply thatthey are an attorney or government representative. (b) Falsely imply thatyou have committed a crime. (c) Falsely represent that they operateor work for a credit bureau. (d) Misrepresent the amount of the debt.(e) Indicate that papers being sent are legal forms when they are not.(f) Indicate that papers being sent are not legal forms when they are.

Debt collectors may not say that:

(a) You will be arrested if you do not pay your debt. (b) They will seize, garnish, attach,or sell your property or wages, unless the collection agency or the creditorintends to do so, and it is legal. (c) Actions will be taken against youwhich legally may not be taken.

Debt collectors may not:

(a) Give false credit information about you to anyone. (b) Send you anything that looks like an officialdocument from a court or government agency when it is not. (c) Use a falsename.

Unfair Practices.

Debt collectors may not engage in unfair practices in attempting to collect a debt. Debt collectors may not: (a) Collect any amount greater than your debt, unless allowed by law. (b) Deposit a post-dated check before the date on the check. (c) Make youaccept collect calls or pay for telegrams. (d) Take or threaten to takeyour property unless this can be done legally. (e) Contact you by postcard.

What Control Do You Have Over Payment Of Debts?

If you owe several debts, any payment you make must be applied to the debtyou choose. A debt collector may not apply a payment to any debt you believeyou do not owe.

What Can You Do If You Believe a Debt Collector Broke the Law?

You have the right to sue a debt collector in a state or federal courtwithin one year from the date you believe the law was violated. If youwin, you may recover money for the damage you suffered, plus court costsand attorney's fees. A group of people may sue a debt collector and recovermoney for damages up to $500,000 or one percent of the collector's networth, whichever is less.

Additional Summary:

Attorneys or law firms that engage in traditional debt collectionactivities (sending dunning letters, making collection calls to consumers)are covered by the FDCPA, but those whose practice is limited to legalactivities are not covered.

Similarly, filing or service of a complaint or other legal paper(or transmission of a notice that is a legal prerequisite to enforcementof a debt) is not a "communication" covered by the FDCPA, but traditionalcollection efforts are covered.

A student loan is a "debt" covered by the FDCPA; however, alimony,tort claims, and non-pecuniary obligations are not covered.

A salaried attorney who collects debts on behalf of, and in thename of, his creditor employer, and a state educational agency that collectsstudent loans, are exempt from coverage by the FDCPA.

Debt collectors (including attorney debt collectors) are subjectto the venue limitations of the FDCPA.

An attorney debt collector, who represents either (1) a creditoror (2) a debt collector that previously tried to collect an account, mayreport his collection efforts to the debt collector.

An attorney may communicate with a witness in a lawsuit that hasbeen filed.

A debt collector may provide a list of consumers, against whom judgmentshave been entered, to an investigator in order to locate such individuals.

A debt collector may place a public notice required by law as aprerequisite to enforcing the debt.

An attorney debt collector must provide the required validationnotice, even if a previous debt collector (or the creditor) has given suchnotice.

A debt collector does not comply with the obligation to verify thedebt simply by including proof with the first communication to the consumer.

An attorney debt collector may take legal action within 30 daysof sending the required validation notice, regardless of whether the consumerdisputes the debt; if the consumer disputes the debt, the attorney maystill take legal action but must cease other collection efforts (e.g.,letters or calls to the consumer) until verification is obtained and mailedto the consumer.

Reference: Consumer Credit Protection Act and Fair Debt CollectionPractices Act See 15 U.S.C. 1601 et seq.