South Dakota Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using a Business Name Other Than the True Name of the Debt Collector's Business

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Multi-State
Control #:
US-DCPA-19.5BG
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Word; 
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Instant download

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:


"(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization."

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FAQ

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.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

Here's what to do:Get a copy of your credit report from each major credit bureauEquifax, Experian and TransUnion.List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item.Write a dispute letter and send it to each credit bureau.More items...?

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

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.

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.

(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.

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.

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 letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

More info

The Bureau also invites consumers, consumer service organizations, creditors, collectors, or other interested parties to file comments ... Debt collectors may not misrepresent who they are, falsely represent the legalthe name of the owner of the debt, and a statement informing the consumer ...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 don't necessarily represent the credit-card issuer, company or bank that lent or advanced you money. Some represent card issuers ... Prosecutors and Debt Collectors as Business Partners.courts, debt purchasers file more suits than any other type of plaintiff. Debt collection lawyers ...97 pages Prosecutors and Debt Collectors as Business Partners.courts, debt purchasers file more suits than any other type of plaintiff. Debt collection lawyers ... By WK Lewis · 1984 · Cited by 9 ? The FDCPA provides, however, that the term "debt collector" includes any creditor who in the process of collecting his own debts uses any name other than ... Mail: Comment Intake?Debt Collection, Bureau of Consumer Financialdebt collectors compete with one another to secure business from ... Collection Agency Act, 225 ILCS 425/1 et seq. and the Illinois Consumer Fraudname, or under any other business names, including its officers, ... (14) The use of a business, company, or organization name other than the true name of the debt collector's business, company, or organization;. Are you being harassed by a debt collector calling you from numbers that match your area code? Debt collectors can collect from debtors by ...

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South Dakota Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using a Business Name Other Than the True Name of the Debt Collector's Business