Montana Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act

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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. This Act also sets out strict rules regarding communicating with the debtor. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes.


The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m. He can contact the debtor at home, but cannot contact the debtor at the debtor's club or church or at a school meeting of some sort. The debtor cannot be contacted at work if his employer objects.

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FAQ

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and may also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

In general, under the Debt Collection Rule, a debt collector must not engage in conduct in connection with the collection of a debt if the natural consequence of that conduct is to harass, oppress, or abuse any person. 12 CFR § 1006.14(a).

This is where we get our "7-in-7" concept. You can attempt to contact a consumer about 1 debt 7 times in 7 days. And it's the "1 debt" that's key here. Phone numbers do not matter; how many debts your agency has for the consumer does.

Reporting of Medical Debt: The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports.

Use of threat, violence or other criminal means to harm a person, reputation or property. Use of obscene or profane language. False representation that the debt collector represents a state or federal government. Misleading information on the amount or legal status of a debt.

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

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.

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Apr 14, 2023 — Harassment by debt collectors. Debt collectors violate the Fair Debt Collection Practices Act (FDCPA) when they harass, oppress, or abuse you. Aug 2, 2023 — Federal law makes it illegal for debt collectors to use unfair practices or deceptive statements to collect a debt.Page 6 of16 Page 7 told Defendants that they did not owe the debt that Defendants were attempting to collect, Defendants have represented, directly or indirect ... Sep 21, 2020 — In their communications with consumers, Defendants often do not inform consumers that Defendants are debt collectors and that any information. This case involves the Fifth, Eleventh and Fourteenth Amendments to the United States Constitution. Amendment V No person shall be held to answer for a capital, ... Federal law prohibits certain practices by debt collectors. Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You can respond to the Complaint by filing an "Answer" within 20 days of being served with a copy of the Complaint. The Answer is where you:. Plaintiffs argue that defendants Client Services and Karla Davis violated the above-specified subsections of the federal fair debt collection practices act by ... by TJ Salt · 1978 · Cited by 2 — Upon a showing that the collector violated the Florida law, the defendant is liable for the greater of $500 or the actual damages, 84 along with court costs ... by C Johnson · 2017 · Cited by 7 — against companies and individuals accused of violating the Fair Debt Collection Practices Act, stating that debt collection companies and ...

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Montana Answer of Defendants to Complaint by Debtor For Harassment in Attempting to Collect a Debt, Using Harassing and Malicious Information, and Violating the Federal Fair Debt Collection Practices Act