Minnesota Notice to Debt Collector - Unlawful Messages to 3rd Parties

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Multi-State
Control #:
US-DCPA-28
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Word; 
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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.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

Debt collectors may contact third parties like a cosigner to get your home address, phone number, or place of employment. Asking family members about your whereabouts and basic contact information is perfectly legal. But debt collectors cannot ask your friends or family members about other subjects.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

If you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

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.

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

More info

You may owe a debt, but you still have rights. And debt collectors have to obey the law. ; threatening violence or other criminal acts; using profane or obscene ... Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ...49 pages Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ...State level consumer protections vary greatly and cover a wide range of topics,between debt collectors and debtors and/or third parties. And note that it does not prevent a creditor from trying to collect its own debt (just third-party debt collectors and debt collection ... The Minnesota Department of Revenue collects tax debts and debts owed to other government agencies in Minnesota. As we collect these debts, ... The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.The only third parties that a debt collector may contact when trying to collect a ...10 pagesMissing: Minnesota ? Must include: Minnesota The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.The only third parties that a debt collector may contact when trying to collect a ... Surviving Debt is geared for consumers, counselors, paralegals, and attorneys new to consumer law. The 288-page book explains steps that ... However, a debt buyer also may use a third-party debt collector or aof a consumer financial product or service, to be unlawful on the ... Whether that is making unauthorized robocalls, revealing your debt to yourIf a debt collector contacts a third party such as your aunt, ... who are contacted each year by a debt collector.2 While theinformation to convey to a third party that the messages concern a debt.

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Minnesota Notice to Debt Collector - Unlawful Messages to 3rd Parties