Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.
A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
New Mexico Notice to Debt Collector - Unlawful Messages to 3rd Parties
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US-DCPA-28
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How to fill out Notice To Debt Collector - Unlawful Messages To 3rd Parties?
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FAQ
Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.
Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).
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.
Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.
Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.
If you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.
Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.
A collector can only call that third party one time. A second communication is only allowed if the collector believes that the person they called was mistaken about the information and they may now have the correct information.
