Louisiana 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

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.

Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)

Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

While these procedures may vary by company and whether the call is inbound or outbound, there is a common thread: generally debt collectors ask the consumer to verify some piece of personal information, such as the last four digits of the consumer's social security number or the consumer's birth date, to ensure they

Debt collection agencies are not bailiffs; They have no extra-legal authority. Debt collectors are either acting on behalf of your creditor or working for a company that has taken on the debt. They don't have any special legal powers and can't do anything different than the original creditor.

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 often ask for Social Security numbers, birth dates or other personal information to ensure they have reached the correct debtor.

Be aware that collection agencies are forbidden from trying to collect a without first notifying you in writing or making a reasonable attempt to do so. Do not share financial and personal information if you are not certain you are dealing with a real collection agency.

For a debt collector to have the legal right to pull your credit report without your consent, you must owe the company a legitimate debt and it must stem from a voluntary credit transaction.

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