Michigan 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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Multi-State
Control #:
US-DCPA-19.17BG
Format:
Word; 
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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:


"(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

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.

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.

(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.

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

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.

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.16 Sept 2020

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

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.

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.

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Michigan 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