Illinois Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
Control #:
US-DCPA-28
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.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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How to fill out Illinois Notice To Debt Collector - Unlawful Messages To 3rd Parties?

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FAQ

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

If you do have a legitimate issue with a debt collection that shows up on your credit report, you can dispute it through the collector or the credit bureaus. To contact the collector directly, be sure you file a letter in writing within 30 days of first receiving communication about the debt.

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 you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

More info

And note that it does not prevent a creditor from trying to collect its own debt (just third-party debt collectors and debt collection ... They can send you letters or call you. Within 5 days of the first time they contact you, debt collectors have to send you a written notice about the debt ...The Fair Debt Collection Practices Act is a federal law that governs practices by third-party debt collectors ? those who buy a delinquent debt from an ... By way of background, the statutory scope of the FDCPA does not reach first-party creditors, instead applying only to entities collecting ?debts ... The FDCPA typically does not cover such recovery efforts and,However, a debt buyer also may use a third-party debt collector or a ... If you are dealing with a debt collector, you have protections under the law.your personal information and the personal information of third parties. If you fall behind on your payments to these creditors, you may be contacted by a debt collector. You should know that the Federal Fair Debt Collection ... The FDCPA also prevents debt collectors from leaving messages with third parties. They can't indicate that you have a debt, what you owe, or who ... Creditors usually hire debt collectors to go after theFor example, in Illinois, whereturned over to a third party for collection.12 One in.

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Illinois Notice to Debt Collector - Unlawful Messages to 3rd Parties