Utah Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt

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US-DCPA-19.7BG
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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:


"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."


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FAQ

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.

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.

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.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

If you believe a debt collector has given you false, deceptive, or misleading information, you have several options:Submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).Contact the FTC , or your state's attorney general .More items...?

The Fair Debt Collection Practices Act forbids a debt collector from making any false or misleading statements when they are attempting to collect a debt.

You can sue a company for sending you to collections for a debt that you don't owe. If a debt collector starts calling you out of the blue, but you know perfectly well that you made the payment in question, the law gives you the right to file an action in court against the company.

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.

More info

A consumer collection agency, or debt collector, is any person who regularlymisrepresent the character, amount or legal status of your debt or any ... The interim final rule addresses certain debt collector conductfalsely representing the character, amount, or legal status of any debt; ...Robert A. Monteith has practiced debtor/creditor law in Wyoming since graduation from the University of Wyoming, College of Law, in 1981. This case arises out of a collection letter sent by Defendant Colltech,amount, or legal status of any debt,? § 1692e(2)(A); and using ... Since the 1990s, the trade in second-hand debt has exploded. Debt collectors now relentlessly pursue decades-old debts, purchased for pennies on the dollar ... The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb these annoying and abusive behaviors, but some debt collectors flout the law. Tices, including the use of any false or deceptive means to collect aThe FDCPA specifically exempts "any attorney-at-law collecting a debt as an ... Both the State Act and FDCPA cover debt collection activities against consumersUnder the State Act, a debt collector is: any person who by direct or ... I. 12.1 Consumer Fraud and Deceptive Business Practices Act. A. 12.217, 2000), was hired to assist a collection agency in collecting a debt from. (A) The character, amount, or legal status of a debt; or(k) The use of any false representation or deceptive means to collect or attempt to collect any ...

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Utah Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt