New Jersey Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt

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US-DCPA-19.1BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:


"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose . . . ."

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FAQ

If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

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.

Your letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

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.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

To remove the collection account from your credit report early, you can ask a company for a goodwill deletion, but there's no guarantee you'll receive forgiveness. If you have a collection account on your report that's inaccurate or incomplete, dispute it with each credit bureau that lists it on your credit report.

The Fair Debt Collection Practices Act forbids a debt collector from making any false or misleading statements when they are attempting to collect a debt.

More info

Collection activity and data furnishing to consumer reporting agencies. The Frequentlyin the name of the creditor, collecting debts for such creditor;. This title may be cited as the ?Consumer Protection for Medical Debt Collections Act?. SEC. 402. Amendments to the Fair Debt Collection Practices Act. (a) ...Assets. Debt collectors use these responses to take other steps to collect on the judgment. If the debtor does not appear in court for the. Debt Collector Debtor. Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose The Forms ...

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New Jersey Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt