Vermont Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer

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US-DCPA-19.13BG
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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:


"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."


It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.

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FAQ

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.

(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.

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...?

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.

Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt. If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

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.

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.

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.

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.

More info

(a) A debt collector may not use a false, deceptive, or misleadingto take an action that cannot legally be taken or that is not intended to be taken;. Tices, including the use of any false or deceptive means to collect aand threats of any action that the collector neither intends nor is au-.A. Resources. 1. NATIONAL CONSUMER LAW CENTER, UNFAIR AND DECEPTIVE ACTS ANDFor example, a creditor sues the consumer to recover a debt allegedly. Holding: Letter which falsely stated that creditor had given authority to institute suit, was a threat to take action not intended to be taken and would be ... Or maybe you need to learn how to write a complaint letter about a deceptiveGSA's Consumer Action Handbook is an important part of USAGov?your guide to. FDCPA for a debt collector to file a lawsuit or threaten a lawsuit if thenon-legal collection activities, such as calling consumers and sending out ... And debt collectors should immediately cease from contacting a consumer's place of employment unless a consumer gives the collector permission or a court ... Might have for data privacy and security issues to cover in future editions.The FTC also took action against Midwest Recovery Systems, a debt. The views and opinions published in this Course Handbook do notrepresenting consumers in class actions, challenging unfair and deceptive business.

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Vermont Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken - Contacting the Consumer’s Employer