Kentucky Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States

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Control #:
US-DCPA-19.3BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:


"(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."

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FAQ

If you receive a text purporting to be from a debt collector, do not share personal or sensitive information via text message, especially if it's from someone you do not know. Instead, ask for validating details so you can confirm the debt and the person texting you are legitimate.

§ 807. (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.

This first collection letter should contain the following information: Days past due. Amount due. Note previous attempts to collect. Summary of account. Instructions- what would you like them to do next? Due date for payment- it is important to use an actually date, not ?in the next 7 business days? as this can be vague.

Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector.

Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to who, as well as when you need to pay the debt. If you're still uncertain about the debt you're being asked to pay, you can request a debt verification letter to get more information.

How to Spot Debt Collectors. Not everyone who calls and says you owe a debt is a real debt collector who is collecting a real debt. Some are scammers who are just trying to take your money.

A legitimate debt collector should be able to tell you their company name and mailing address, as well as information about the debt they say you owe. The debt collector should provide information about themselves and their collection agency.

Debt collectors violate the FDCPA when they make harassing, threatening, or misleading statements in order to trick you into making payments. Don't be fooled!

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.

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

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Kentucky Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States