A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.
Michigan Notice to Debt Collector - Misrepresenting Someone as an Attorney
Category:
State:
Multi-State
Control #:
US-DCPA-35
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.
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FAQ
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.
For example: A debt collector may not: Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Use obscene, profane, or other language that abuses the hearer or reader.
Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.
If a debt is sold to another company, do I have to pay? Yes. Transfer of debt ownership does not change the fact that you owe the money. Once the creditor has legally sold the debt, you will owe the amount of the debt to whoever purchased it.
Under federal law, a debt collector must go through your attorney if they know that you have one, so it's a good idea ? if you get legal representation ? to tell the collector the name of the attorney who is representing you and how to contact them.
After the debt collector's response, the debt collector must not communicate or attempt to communicate further with the consumer unless the debt collector knows the consumer is not represented by an attorney with respect to the debt, either based on information from the consumer or the consumer's attorney, or unless an ...
The DFPI regulates debt collection in the state of California. If a debt collector is contacting you or if a debt collector is lying or threatening you, you can quickly and easily file a complaint on the DFPI File a Complaint Webpage.
Debt collectors are not allowed to falsely claim or imply that: They are attorneys or government representatives. You have committed a crime by not paying a debt. They operate or work for a credit reporting company.
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ...
The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or to debt owed for business or agricultural purposes. Debt Collectors That Are Covered.