A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument."
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The most common violation of the Fair Debt Collection Practices Act involves a creditor contacting you at inconvenient times or locations. Collectors often fail to respect your request for no contact, or they may pressure you inappropriately about repayment. Additionally, they may improperly threaten to deposit postdated checks, a core issue addressed in the New York Letter Informing Debt Collector of Unfair Practices in Collection Activities - Soliciting a Postdated Check for the Purpose of Depositing or Threatening to Deposit the Check Prior to the Date on the Check. Understanding these violations can help protect your rights.
The phrase is 'Cease and desist all communication with me immediately.' Use this phrase effectively in your communication to halt unwanted interactions. Remember, you can back this up with a formal New York Letter Informing Debt Collector of Unfair Practices in Collection Activities - Soliciting a Postdated Check for the Purpose of Depositing or Threatening to Deposit the Check Prior to the Date on the Check. This letter can serve to reinforce your request.
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.
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.
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.
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
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.
Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.
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.
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'.
