Massachusetts Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Misleading a Consumer as to the Legal Consequences of their Actions - e.g., Falsely Implying that a Failure to Respond is an Admission of Liability

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US-DCPA-19.17BG
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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:


"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."


This would include misleading a consumer as to the legal consequences of their actions (e.g., falsely implying that a failure to respond is an admission of liability).

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FAQ

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

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.

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.

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.

A debt collector may state that certain action is possible, if it is true that such action is legal and is frequently taken by the collector or creditor with respect to similar debts; however, if the debt collector has reason to know there are facts that make the action unlikely in the particular case, a statement that

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.

(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.

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.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

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The debt collector or creditor as payment against the judgment. Many of those arrested said they had no idea a warrant had been issued for their arrest. This list does not contain a complete list of rights consumers have under federal and state law. This Collection Agency is licensed by the Division of ...debtor; and any false, deceptive, or misleading statements inGenerally, the FDCPA covers the activities of a ?debt collector.? There is ... Summary. The Bureau of Consumer Financial Protection (Bureau) proposes to amend Regulation F, 12 CFR part 1006, which implements the Fair ... A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having a ... Plaintiffs ask this Court to issue an order granting summary judgment as to the liability of Defendant CEA for violations of the FDCPA, and the CUBPA, as well ... (a) A debt collector may not use a false, deceptive, or misleadingin an individual action, and his liability therein to that debtor shall be in an ... JA 265, CONSUMER LAW GUIDE. CHAPTER 2: UNFAIR AND DECEPTIVE ACTS AND PRACTICES. (4). The debt collector or creditor must disclose that letters,. 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. Meet its legal obligation to police this industry and stop the perpetration and collection of fraudulent student loan debt.

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Massachusetts Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Misleading a Consumer as to the Legal Consequences of their Actions - e.g., Falsely Implying that a Failure to Respond is an Admission of Liability