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Letter Informing Debt Collector of False or Misleading...

Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-19.13BG

Format:

Instant download

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:

"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."

It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.

Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities

Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken

Montana 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

Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing or Implying that a Debt Collector Operates or is Employed by a Consumer Reporting Agency

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FAQ

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.

If you doubt that you owe a debt, or that the amount owed is not accurate, your best recourse is to send a debt dispute letter to the collection agency asking that the debt be validated. An effective debt-dispute letter must be clear and concise, says Daniel Chan, Chief Technology Officer for Marketplace Fairness.

(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.

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.

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.

If a credit bureau has made a mistake on your report if you don't recognize the account or a paid account shows as unpaid, for example gather documentation supporting your case. Then, file a dispute by using the credit bureau's online process, by phone or by mail. The bureau has 30 days to respond.

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