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Letter Informing Debt Collector of False or Misleading...

Oregon Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-19.10BG

Format:

Instant download

Description

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

"(4) The representation or implication that nonpayment of any debt will result in the . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."

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FAQ

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.

Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labelled as 'pure cotton' retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.

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.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.

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.

Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

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.

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Oregon Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

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