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Letter Informing Debt Collector of Unfair Practices in Collection...

Pennsylvania Letter Informing Debt Collector of Unfair Practices in Collection Activities - Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

Control #:

US-DCPA-20.1BG

Format:

Instant download

Description

Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f, provides, in part, as follows:

"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:

"(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

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How to fill out Letter Informing Debt Collector Of Unfair Practices In Collection Activities - Collecting An Amount Not Authorized By The Agreement Creating The Debt Or By Law?

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FAQ

Debt collectors must be truthful The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt. Along with other restrictions, debt collectors cannot misrepresent: The amount of the debt. Whether it's past the statute of limitations.

The name of the creditor seeking payment. A statement that the debt is assumed valid by the collector unless you dispute it within 30 days of the first contact. A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.

A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.

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.

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.

The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

For example, a debt collector may not: Try to collect charges in addition to the debt unless they are allowed by the contract or state law. Deposit a post-dated check early. Communicate with you about a debt by postcard.

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.

Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

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.

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