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Pennsylvania Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
Control #:
US-DCPA-20.4BG
Format:
Word; 
Rich Text
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Description

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:


"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."

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  • Preview Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights

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FAQ

The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt.

If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

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.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

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.

Fortunately, there are legal actions you can take to stop this harassment:Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

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'.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

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.

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Pennsylvania Letter Informing Debt Collector of Unfair Practices in Collection Activities - Taking, or Threatening to Take, any Nonjudicial Action Where there is no Present Right or Intent to Exercise such Rights
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