Kentucky Notice to Debt Collector - Not Disclosing the Caller's Identity

State:
Multi-State
Control #:
US-DCPA-33
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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes placing telephone calls without meaningful disclosure of the caller's identity.

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FAQ

As of November 30, 2021, amendments to the FDCPA permits a collector to leave voicemails, which could be heard by someone other than the debtor.

If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.

Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.

A debt collector must tell you the name of the creditor, the amount owed, and that you can dispute the debt or seek verification of the debt. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

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.

According to the Fair Credit Reporting Act, which regulates the laws governing consumer credit reports, any business can access your credit history without your permission provided the business has a valid "permissible purpose." The FCRA notes that one such permissible purpose is to review your credit information in

You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.

Do Debt Collectors Have to Identify Themselves in Phone Calls? The FDCPA (15 U.S.C. 1692d(6)) says that, when a debt collector fails to reveal their identity in a phone call, it is a form of harassment or abuse. Courts have ruled that debt collectors must state their name and the company they work for when calling.

Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.

More info

Learn about your rights and when debt collectors must discloseand from the caller ID they cannotphone to a complete stranger. creditor is not a debt collector for the purposes of the FDCPA andmeaningful disclosure of the caller's identity. Id.32 pages ? creditor is not a debt collector for the purposes of the FDCPA andmeaningful disclosure of the caller's identity. Id.Keep a copy of the letter for your records. What are debt collectors not allowed to do? Collectors can't harass you. For example, collectors. can't threaten to ... Fake debt collectors prey on your fears and insecurities to get away with a crime. Protect yourself from debt collection scams by learning ... Sept 18, 2019 ? 9.5.2 Require collectors to determine and disclose when a debt isnot threaten a lawsuit or file one unless they know that the debt is ... The FDCPA requires that a debt collector send a written notice to ashould not mislead a consumer about the identity of the caller and ... A debt collector may not, in connection with the collection of any debt of aof telephone calls without meaningful disclosure of the caller's identity. It is not uncommon today for people to be pursued by debt collectors for moneythink you owe the money, write the collector a letter disputing the debt. (a) A debt collector may not use a false, deceptive, or misleadingcalls without disclosure of the caller's identity or with the intent to harass. Plaintiff (e.g., creditor or debt buyer) files a complaint in court and provides notice of the lawsuit to defendant (i.e., person being sued).

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Kentucky Notice to Debt Collector - Not Disclosing the Caller's Identity