Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Falsely Stating that the Entire Amount of a Consumer's Debt is Due When it is Not

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US-DCPA-19.19BG
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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:


"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."


This would include falsely stating that the entire amount of a consumer's debt is due when it is not.


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FAQ

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

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.

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.

If you believe a debt collector has given you false, deceptive, or misleading information, you have several options:Submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).Contact the FTC , or your state's attorney general .More items...?

Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.

Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labelled as 'pure cotton' retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.

Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.

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.

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By C Stueben · 2010 · Cited by 22 ? collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some. collect debts;. ? filed 12 new cases against 52 new defendants (a record number of debt collection enforcement actions for the FTC in a year);.A court order that means a consumer does not have to pay a debt and a creditor or collector may no longer attempt to collect the debt. Defendants DLS and GC Financial argue that they are not "debt collectors"by using a "false representation or deceptive means to collect or attempt to ... statutes?Debt buyers collecting on credit-card debt and their attorneys?any false, deceptive, or misleading representation or means in. Debt collector, claiming a materially false and deceptive means to collect a debt occurred when the creditor presented a statement that was not a true copy ... False Representation. Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation

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Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt - Falsely Stating that the Entire Amount of a Consumer's Debt is Due When it is Not