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Pennsylvania Notice to Debt Collector - Falsely Representing a Document's Authority

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Control #:
US-DCPA-39
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Word; 
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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 use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes using a document designed to falsely imply that it issued from a state or federal source or creates a false impression as to its source, authorization or approval.

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FAQ

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

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'.

9 Ways to Outsmart Debt CollectorsDon't Get Emotional.Make Sure the Debt Is Really Yours.Ask for Proof.Resist the Scare Tactics.Be Wary of Fees.Negotiate.Call In Backup.Know the Time Limits.More items...?

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Misrepresentation: Collectors can't try to pretend being someone else. Debtors have reported collectors posing as law enforcement agents, attorneys and credit reporting agency officials. Impersonating a police officer is illegal in many jurisdictions, and it's prohibited everywhere as a debt-collection ploy.

Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.

Pretend to Work for a Government AgencyThe FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. They also cannot claim to be working for a consumer reporting agency.

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.

Takeaways on How to Effectively Defend Yourself in a Debt Collection LawsuitMake sure you respond to the Complaint and your response is timely filed.Review potential affirmative defenses that could apply to your case.Make the debt collector prove that they have the legal right to sue you.More items...?

More info

Creditor to notify the creditor's debtors of a debt using only the creditor's name. (Source: P.A. 99-227, eff. 8-3-15.) ... The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law. Here ...A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. A debt ... Generally, the FDCPA covers the activities of a ?debt collector.falsely represented to be a document authorized, issued, or approved by ...33 pages ? Generally, the FDCPA covers the activities of a ?debt collector.falsely represented to be a document authorized, issued, or approved by ... Pennsylvania Law Weekly.(2) to notify the consumer that the debt collectorrepresented to be a document authorized, issued, or. The FDCPA only applies to third-party debt collectors.written communication that simulates or is falsely represented to be an official document from a ... FCEUA is Pennsylvania's analogue to the FDCPA and applies to both debt collectors and creditors. 73 P.S. § 2270.4. B. A debt collector's violation of any ... Unless the court orders otherwise, the debtor also must file with the court:and business affairs of the debtor sufficient to enable a creditor to make ... The FDCPA defines a debt collector as any personMailed notices from the consumer are officialto look like or falsely represent documents.7 pagesMissing: Pennsylvania ? Must include: Pennsylvania The FDCPA defines a debt collector as any personMailed notices from the consumer are officialto look like or falsely represent documents. Creditor admin mistakes: Simply put, someone at the credit card companyWrite a similar letter to each collection agency, asking them to ...

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Pennsylvania Notice to Debt Collector - Falsely Representing a Document's Authority