Rhode Island Notice letter to debt collector of Section 806 violation - harassment

State:
Multi-State
Control #:
US-DCPA-18
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.

Examples include:

  • Using threats (including implied threats), violence, or other criminal means to harm anyones reputation, property, or physical person.
  • Using obscene or profane language or language likely to abuse the hearer or reader. Such language includes abusive language includes religious slurs, profanity, obscenity, calling the consumer a liar or a deadbeat, and the use of racial or sexual epithets.
  • Posing a lengthy series of questions or comments to the consumer without giving the consumer a chance to reply.
  • Leaving telephone messages with neighbors when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment. A debt collector may not shame a consumer into paying their debt by publicizing it.
  • Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
  • Placing telephone calls without meaningful disclosure of the caller's identity.

    Use this form to get a debt collector to stop harassing, opressing, or abusing you.

    This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    How to fill out Notice Letter To Debt Collector Of Section 806 Violation - Harassment?

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    FAQ

    Dear debt collector: Pursuant to my rights under the state and federal fair debt collection laws, I hereby request that you immediately cease all calls to your phone number in relation to the account of wrong person's full name. This is the wrong number to contact that person.

    This first collection letter should include important points, such as:Days past due.Amount due.Note previous attempts to collect.Summary of account.Instructions- what would you like them to do next?Due date for payment- it is important to use an actually date, not in the next 7 business days as this can be vauge.More items...

    Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.

    According to the above FDCPA Section, Debt Validation is defined as the debt collector contacting the original creditor to affirm the debt amount being requested is correct. It is highly doubtful the debt collector ever contacts the original creditor for any debt validation purposes.

    A debt validation letter is what a debt collector sends you to prove that you owe them money. This letter shows you the details of a specific debt, outlines what you owe, who you owe it to, and when they need you to pay.

    Dear debt collector: I am responding to your contact about collecting a debt. You contacted me by phone/mail, on date and identified the debt as any information they gave you about the debt. You can contact me about this debt, but only in the way I say below.

    Format the letter thusly: Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

    You only need to say a few things:This is not a good time. Please call back at 6.I don't believe I owe this debt. Can you send information on it?I prefer to pay the original creditor. Give me your address so I can send you a cease and desist letter.My employer does not allow me to take these calls at work.

    How to Write a Debt Verification LetterDetermine the exact amounts you owe.Gather documents that verify your debt.Get information on who you owe.Determine how old the debt is.Place a pause on the collection proceedings.

    If you believe a debt collector is harassing you, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also contact your state's attorney general .

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    Rhode Island Notice letter to debt collector of Section 806 violation - harassment