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The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
While debt validation requests can be a useful tool, they are not effective at resolving the issue. In most cases, creditors and collection agencies are able to provide the necessary documentation to prove the validity of the debt.
If you receive a notice from a debt collector, it's important to respond as soon as possible?even if you do not owe the debt?because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
If the collection agency failed to validate the debt, it is not allowed to continue collecting the debt. It can't sue you or list the debt on your credit report. Why request validation, even if you're ready to pay and you know it's your debt? Simple.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Debt collectors are legally obligated to send you a debt validation letter. If you don't receive a debt validation letter, or it lacks detail, you can make a debt verification request. You can file a complaint with the Consumer Federal Protection Bureau or the Federal Trade Commission.
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.
However, they're required to send a debt validation letter within five days of first contacting you. If you don't receive a debt validation letter within 10 days of initial contact, you can submit a complaint to the Consumer Financial Protection Bureau.