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Washington 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

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
Control #:
US-DCPA-19.13BG
Format:
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:


"(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

If you identify an error on your credit report, you should start by disputing that information with the credit reporting company (Experian, Equifax, and/or Transunion). You should explain in writing what you think is wrong, why, and include copies of documents that support your dispute.

(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.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

If you have inaccurate or incomplete collection accounts on your credit report, the Fair Credit Reporting Act gives you the power to dispute this information directly with the credit bureaus or creditor. You can send a dispute using the dispute form on each credit bureau's website.

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.

If you doubt that you owe a debt, or that the amount owed is not accurate, your best recourse is to send a debt dispute letter to the collection agency asking that the debt be validated.

List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item. 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.

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

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 simplest and most direct method of getting a paid collections account removed from your credit report is to simply write your creditor a goodwill letter asking them to remove this account from your credit history. This may or may not work, depending most likely upon the size of the account and when you paid it off.

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More info

The final rule governs certain activities by debt collectors,or threatening to bring a legal action against a consumer to collect a ... The Fair Debt Collection Practices Act (FDCPA) is Title VIII of theThe term does not include formal legal action (e.g., filing of a ...By CA No ? Consumers have also complained, as described above, that collectors from the Debt-Collection Operation used threats of legal action,. Case - ... The terms 'debt' and 'debtor' are used in this guideline to include alleged debts and alleged debtors respectively (see the glossary in appendix C of this ... By J Dreyer ? Fraudulent Use of a Shell Company. 68. Identity Theft. 70. Straw / Nominee Borrower. 72. Appendixes. Glossary. A. Mortgage Transaction Flow Charts. A model validation notice that a debt collector could use to complyby taking certain actions to collect a debt that a consumer does not ... Collection Legally Debt Collector Take Collection Threatening Debt Take Contacting Letter Threatening Action Debt Collector Threatening Action Debt Legally ... Notice that the summons tells the defendant that they have 20 days to answer or a judgment will be entered against them. gov or write to us at: Jury ...

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Washington 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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