Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney

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Multi-State
Control #:
US-DCPA-19.4BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act (15 USC 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:


"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."

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FAQ

§ 807. (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.

Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer. Communicate, or threaten to communicate, credit information that the debt collector knows or should know to be false, including not identifying disputed debts as such.

It's very simple: Someone contacts you ? often by phone, but also by text message, fax, mail or email ? and claims that you owe a debt. The debt may be completely , canceled, discharged, forgiven or beyond the period for collection.

Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to who, as well as when you need to pay the debt. If you're still uncertain about the debt you're being asked to pay, you can request a debt verification letter to get more information.

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.

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

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Montana Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney