South Dakota Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

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Multi-State
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US-DCPA-19.10BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(4) The representation or implication that nonpayment of any debt will result in the . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."

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FAQ

Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.

Honesty: Debt collectors cannot mislead you about who they are, how much money you owe or the legal repercussions of not paying your debt for instance, by threatening arrest. Challenging the debt: You have a right to dispute the debt.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

A false statement is when it is not true, regardless of whether or not you know that it is false. A misleading statement is when it gives a false impression, is uninformative, unclear, or deceptive.

Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.

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.

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.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labelled as 'pure cotton' retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.

General impression test When deciding whether marketing information raises concerns under the Competition Act, the court consider both the literal meaning of the information and the general impression it makes. This is known as the general impression test.

More info

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South Dakota Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages