South Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities - Causing a Person to Incur Charges for Communications by Concealing the True Purpose of the Communication

State:
Multi-State
Control #:
US-DCPA-20.3BG
Format:
Word; 
Rich Text
Instant download

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:


"(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees."

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FAQ

You should complain to the bank, building society or credit card company first, using their complaints procedure. If this does not sort out the problem, you can complain to the Financial Ombudsman Service, telling them that a debt collector or creditor has broken the terms of the Standards of Lending Practice.

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.

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

Debt collectors have a reputationin some cases a well-deserved onefor being obnoxious, rude, and even scary while trying to get borrowers to pay up. The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law.

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.

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.

Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.

The federal Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit debt collectors and creditors from abusing any person while attempting to collect a debt. Insulting someone is abusing them!

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'.

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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South Carolina Letter Informing Debt Collector of Unfair Practices in Collection Activities - Causing a Person to Incur Charges for Communications by Concealing the True Purpose of the Communication