Ohio Notice to Debt Collector - Not Disclosing the Caller's Identity

State:
Multi-State
Control #:
US-DCPA-33
Format:
Word; 
Rich Text
Instant download

Description

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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes placing telephone calls without meaningful disclosure of the caller's identity.

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FAQ

Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.

Debt collectors often ask for Social Security numbers, birth dates or other personal information to ensure they have reached the correct debtor.

The Fair Debt Collection Practices Act (FDCPA) It is always your choice whether to provide any information to a debt collector, even a legitimate one, including whether to verify your identity.

Can Debt Collectors Call Friends and Family? Debt collectors are legally allowed to call your friends or family to try to locate you. But they cannot call these people to try to collect the payment for the debt, and they are only allowed to call once unless they believe there may be new information to be found.

Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)

Asking family members about your whereabouts and basic contact information is perfectly legal. But debt collectors cannot ask your friends or family members about other subjects. In fact, bill collectors can't even mention your debt or how much you owe.

At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.

While these procedures may vary by company and whether the call is inbound or outbound, there is a common thread: generally debt collectors ask the consumer to verify some piece of personal information, such as the last four digits of the consumer's social security number or the consumer's birth date, to ensure they

Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector.

Be aware that collection agencies are forbidden from trying to collect a without first notifying you in writing or making a reasonable attempt to do so. Do not share financial and personal information if you are not certain you are dealing with a real collection agency.

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Ohio Notice to Debt Collector - Not Disclosing the Caller's Identity