A debt collector may not use unfair or unconscionable means to collect a debt.
Examples of unfair practices include:
Use this form to let a debt collector know you will not tolerate unfair practices.
This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.
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The phrase to use is, 'I do not want to be contacted again.' Communicating this clearly notifies debt collectors of your stance. Ensure that you document any interactions and follow up with a Massachusetts Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices for added protection.
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.
The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you're disputing the amount), but you should give as little personal information as possible in the letter.
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.
The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.
Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.
Format the letter thusly: Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.
The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.
The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.
