New Jersey Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector

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US-DCPA-19.2BG
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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, and the failure to disclose in subsequent communications that the communication is from a debt collector . . . ."

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FAQ

If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.

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, within the 30-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original

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).

If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.

The name of the creditor. The assumption that the debt will be valid unless you dispute it within 30 days. Notification that you can request verification of the debt within 30 days. Notification that you can request the name and address of the original creditor within 30 days2feff

Unless your state law provides otherwise, the FDCPA only requires debt collectors, not original creditors, to verify debts in certain circumstances. This requirement includes law firms that are routinely engaged in collecting debts.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Does a Debt Collector Have to Show Proof of a Debt? Yes, debt collectors do have to show proof of a debt if you ask them. Make sure you understand your rights under credit collection laws.

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New Jersey Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector