Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney

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Multi-State
Control #:
US-DCPA-19.4BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act (15 USC 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:


"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."

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FAQ

Federal law makes it illegal for debt collectors to use unfair or abusive practices or deceptive statements to collect a debt.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

Collectors are required by Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.

Under the current version of the FDCPA, when trying to collect a debt, a collection agency must give consumers specific information in its first communication, which is generally called a "debt validation notice," including: the amount of the debt. the name of the creditor to whom the debt is currently owed.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

However, they're required to send a debt validation letter within five days of first contacting you. If you don't receive a debt validation letter within 10 days of initial contact, you can submit a complaint to the Consumer Financial Protection Bureau.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ...

Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

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Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney