A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.
Virginia Notice to Debt Collector - Misrepresenting Someone as an Attorney
Category:
State:
Multi-State
Control #:
US-DCPA-35
Format:
Word;
Rich Text
Instant download
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.
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How to fill out Notice To Debt Collector - Misrepresenting Someone As An Attorney?
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FAQ
If you believe a debt collector is using an unfair, deceptive or abusive practice to collect a debt, you can submit a complaint with the CFPB and the Federal Trade Commission .
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of ...
After the debt collector's response, the debt collector must not communicate or attempt to communicate further with the consumer unless the debt collector knows the consumer is not represented by an attorney with respect to the debt, either based on information from the consumer or the consumer's attorney, or unless an ...
If you think a debt collector has violated the FDCPA, you can sue them for damages. If you prove a violation occurred, you may be awarded $1,000 in damages, plus additional compensation for any actual harm they caused. If you win, the collector may also be responsible for paying your lawyer fees and costs.
If a debt is sold to another company, do I have to pay? Yes. Transfer of debt ownership does not change the fact that you owe the money. Once the creditor has legally sold the debt, you will owe the amount of the debt to whoever purchased it.
If you believe a debt collector is violating the law, you may report your complaint with the Attorney General's Office. The Office uses complaints to learn about misconduct.
Virginia law makes it a crime for debt collectors to send documents simulating legal process. The federal Fair Debt Collection Practices Act (FDCPA) regulates debt collectors. The FDCPA applies to every state, and it protects consumers from unfair and deceptive debt collection practices.
If you believe you already paid the debt, do not owe the debt, the amount is incorrect, or that it's not even your debt, you may send a written request to the debt collector to dispute the debt or receive more information.
The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or to debt owed for business or agricultural purposes. Debt Collectors That Are Covered.
You may also report your complaint to the FTC. The FTC enforces the federal Fair Debt Collection Practices Act, which prohibits abusive, unfair, or deceptive debt collection practices. You may also report your complaint to the CFPB, which may forward it to the company and work to get you a response.