Oregon Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
Control #:
US-DCPA-28
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.

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.
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FAQ

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.

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.

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.

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.

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.

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.

Third-party collectors are defined by the Federal Trade Commission, or FTC, as someone who collects debts owed to others. The original company you owe the debt to is called a creditor.

More info

Sept 28, 2021 ? And note that it does not prevent a creditor from trying to collect its own debt (just third-party debt collectors and debt collection ... Debt Collector (Creditor) Cease and Desist ? Inform a creditor to halt alland Desist ? Give official notice to a 3rd party that is infringing on a ...If you think you have been victimized by a debt collector, or want to notify us about an individual, company or agency that may be engaging in unlawful debt ... State level consumer protections vary greatly and cover a wide range of topics,between debt collectors and debtors and/or third parties. A creditor typically stops communicating with a consumer once responsibility for an account has moved to a third-party debt collector. Oregon has a law called the Unlawful Debt Collection Practices Act. It controls how a creditor may try to collect a debt, whether by letter or phone call. Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ...49 pages Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ... In general, the FDCPA applies only to debt collectors, typically meaning a third party who collects debts owed to another person or entity. Though, in some ... By way of background, the statutory scope of the FDCPA does not reach first-party creditors, instead applying only to entities collecting ?debts ... The CFPB has prepared sample letters that you can use to respond to a debt collector who is trying to collect a debt along with tips on how ...

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Oregon Notice to Debt Collector - Unlawful Messages to 3rd Parties