Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes placing telephone calls without meaningful disclosure of the caller's identity.
Missouri Notice to Debt Collector - Not Disclosing the Caller's Identity
Category:
State:
Multi-State
Control #:
US-DCPA-33
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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How to fill out Notice To Debt Collector - Not Disclosing The Caller's Identity?
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FAQ
If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.
Congress passed a law called the Telephone Consumer Protection Act (TCPA) to govern telemarketing. However, it also applies to debt collection calls. Basically, the TCPA provides that companies including debt collectors can't call your cell with an autodialer.
Change your phone numberIf none of this works, you could consider changing your phone number. Unfortunately, given the amount of information that debt collectors can access via the Internet these days, this might give you only a short-term respite before the agency tracks you down again.
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, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.
Do Debt Collectors Have to Identify Themselves in Phone Calls? The FDCPA (15 U.S.C. 1692d(6)) says that, when a debt collector fails to reveal their identity in a phone call, it is a form of harassment or abuse. Courts have ruled that debt collectors must state their name and the company they work for when calling.
According to the Fair Credit Reporting Act, which regulates the laws governing consumer credit reports, any business can access your credit history without your permission provided the business has a valid "permissible purpose." The FCRA notes that one such permissible purpose is to review your credit information in
A debt collector must tell you the name of the creditor, the amount owed, and that you can dispute the debt or seek verification of the debt. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.
Legally, debt collectors can spoof their phone numbers, but the FDCPA doesn't allow them to hide their identitysuch as when you ask what agency they are calling from. They also can't spoof a number that would indicate they are from a law firm or any type of official government agency.
As of November 30, 2021, amendments to the FDCPA permits a collector to leave voicemails, which could be heard by someone other than the debtor.