Massachusetts Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer

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US-DCPA-19.13BG
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Description

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


"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."


It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.

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FAQ

Your letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

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.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

(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. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

More info

By C Stueben · 2010 · Cited by 22 ? collection letter is false, misleading, or deceptive to the least sophisticated consumercannot legally be taken or that is not intended to be taken,". If you inform a collector that you have an attorney, the collector must contact the attorney rather than you. Can a consumer collection agency call you at work?A model validation notice that a debt collector could use to complyby taking certain actions to collect a debt that a consumer does not ... Collection Legally Debt Collector Take Collection Threatening Debt Take Contacting Letter Threatening Action Debt Collector Threatening Action Debt Legally ... Or maybe you need to learn how to write a complaint letter about a deceptiveGSA's Consumer Action Handbook is an important part of USAGov?your guide to. A. Resources. 1. NATIONAL CONSUMER LAW CENTER, UNFAIR AND DECEPTIVE ACTS ANDFor example, a creditor sues the consumer to recover a debt allegedly. Other than to obtain location information, a debt collector may not contact third persons such as a consumer's friends, neighbors, relatives, or employer. Law on aggressive practices by filling the gaps in the current law.(e) a threat to take any action which cannot legally be taken.31. (ix) The person made a threat of legal action that the person knows or should have known cannot be legally taken or is not intended to be taken;. If debt collection follows a sale to a consumer and is conducted in an aggressive(e) a threat to take any action which cannot legally be taken.93.

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Massachusetts Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer