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Tennessee Notice to Debt Collector - Unlawful Messages to 3rd Parties

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Multi-State
Control #:
US-DCPA-28
Format:
Word; 
Rich Text
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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 harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

Debt collectors may contact third parties like a cosigner to get your home address, phone number, or place of employment. Asking family members about your whereabouts and basic contact information is perfectly legal. But debt collectors cannot ask your friends or family members about other subjects.

A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov. 30.

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.

They have to identify themselves as debt collectors and they can't reveal your debts to any third party except your spouse or attorney. They cannot repeatedly call you (or, in this case, send repeated text messages) to annoy or harass you. They can't contact you directly if they know you have an attorney.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

More info

The Fair Debt Collection Practices Act is a federal law that governs practices by third-party debt collectors ? those who buy a delinquent debt from an ... By way of background, the statutory scope of the FDCPA does not reach first-party creditors, instead applying only to entities collecting ?debts ...Learn what debt collectors can't do, the difference between third party & in-house collection, & your rights as a consumer. Collection agencies can call you on the phone, send letters to yourIf a debt collector contacts you by letter or telephone to try to ... The FDCPA also prevents debt collectors from leaving messages with third parties. They can't indicate that you have a debt, what you owe, or who ... Whether that is making unauthorized robocalls, revealing your debt to yourIf a debt collector contacts a third party such as your aunt, ... If you are struggling with debt collector harassment in the Kingston area,Sending letters to creditors to contest the debt where appropriate; File a ... Mailed notices from the consumer are official when they are received by the debt collector. Communicating with Third Parties. The only third parties that a ...7 pagesMissing: Tennessee ? Must include: Tennessee Mailed notices from the consumer are official when they are received by the debt collector. Communicating with Third Parties. The only third parties that a ... The private collection agency then sends their initial contact letter. It has information on how to resolve your overdue taxes. Both letters ... Plaintiff (e.g., creditor or debt buyer) files a complaint in court and provides notice of the lawsuit to defendant (i.e., person being ...

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Tennessee Notice to Debt Collector - Unlawful Messages to 3rd Parties