North Dakota 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

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Multi-State
Control #:
US-DCPA-19.17BG
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Word; 
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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 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).

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FAQ

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.

Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

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.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

(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. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

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.

If you believe a debt collector has given you false, deceptive, or misleading information, you have several options:Submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).Contact the FTC , or your state's attorney general .More items...?

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.

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.

More info

Creditors usually hire debt collectors to go after the debtors or sell the debts to companies that specialize in collections. More than 6,000 debt ... The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule to revise Regulation F, which implements the Fair Debt ...Consumer protection laws regulating debt collection practices are a complex minefield of potential liability for creditors and other debt collectors. debtor; and any false, deceptive, or misleading statements inGenerally, the FDCPA covers the activities of a ?debt collector.? There is ... ("FDCPA") in 1977, its objective was to protect consumers from unfair and deceptive practices in the debt collection industry without imposing. Now with the latest activity from plaintiffs' attorneys, the Federal Trade Commission (FTC), and the Consumer Financial Protection Bureau (CFPB) ... A. What Is the FDCPA? The Fair Debt Collection Practices Act ("FDCPA") is found in 15 U.S.C. § 1692 et seq. In 1977 Congress enacted the first comprehensive federal debt col- lection statute, the Fair Debt Collection Practices Act (FDCPA).' Con-. (a) A debt collector may not use a false, deceptive, or misleadingin an individual action, and his liability therein to that debtor shall be in an ... UDAP, Debt Collection, Telemarketing, and Salvage lawscarrying out Federal consumer financial laws by doingFor example, a creditor sues the.

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North Dakota 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