Washington Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt

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Multi-State
Control #:
US-DCPA-19.1BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:


"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose . . . ."

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FAQ

Format the letter thusly: Your full name and address. The collections agency's name and address. A request for the amount of the debt claimed to be owed. A request for the name of the original creditor. A request for the judgment information (if applicable) A request for proof of the company's license.

7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.16-Sept-2020

The Federal Trade Commission advises that you be as specific as possible in the letter about the reason why you think you do not owe this debt (or owe all of it, if you're disputing the amount), but you should give as little personal information as possible in the letter.

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

You can ask the current creditor either the original creditor or a debt collector for what's called a goodwill deletion. Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage.

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

How to file disputes with the credit bureausRequest credit report.Identify errors.Fill out a credit bureau dispute form.Print out your credit report and notate the errors.Send your dispute to the credit bureau(s)

More info

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 ... The false representation or implication that the debt collector is vouched for,The failure to disclose in the initial written communication with the ...A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to ... This title may be cited as the ?Consumer Protection for Medical Debt Collections Act?. SEC. 402. Amendments to the Fair Debt Collection Practices Act. (a) ... The FDCPA requires that a debt collector send a written notice to a consumer, within five days of the initial communication, ... Each letter informed Guerrero that RJM had purchased a debtRJM was not a "collection agency" employed by the creditor to collect the ... Debt collectors contact one billion consumers every year. Learn how to dispute a debt & about the laws designed to protect you from creditor ... You might be able to avoid your creditor at first, but in time you may find yourself pursued by a professional "debt collector" or "consumer collection agency.". At the federal level, the Fair Debt Collection Practices Act (theaffecting communications between debt collectors and the debtor or ... Debt Collector Debtor. Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose The Forms ...

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Washington Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt