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

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Multi-State
Control #:
US-DCPA-19.18BG
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Word; 
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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:


"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."


This would include falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.

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FAQ

The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

How Debt Collection Scams Work. 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 fake, canceled, discharged, forgiven or beyond the period for collection.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

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).

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.16-Sept-2020

Debt Collectors That Are Covered. The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts.

The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

Problems Faced by Debt Collection Agents and How to Solve Them!Oral Contracts:Faulty Written Agreements:Money Recovery Issues:Collection Methods Are Not Real-Time:Mobile Borrowers:Too Many Calls:Contacting Wrong People:Customer Bankruptcy:More items...?30-Nov-2019

Ask the caller for a name, company, street address, telephone number, and professional license number. Many states require debt collectors to be licensed. Check the information the caller provides you with your state attorney general . Your state regulator may be of assistance if your state licenses debt collectors.

More info

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