Washington Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
Control #:
US-DCPA-28
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.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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How to fill out Washington Notice To Debt Collector - Unlawful Messages To 3rd Parties?

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FAQ

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

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.

A collector can only call that third party one time. A second communication is only allowed if the collector believes that the person they called was mistaken about the information and they may now have the correct information.

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

If you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

More info

However, a debt buyer also may use a third-party debt collector orthe rule to cover them, even if they were not FDCPA debt collectors. Whether that is making unauthorized robocalls, revealing your debt to yourIf a debt collector contacts a third party such as your aunt, ...And note that it does not prevent a creditor from trying to collect its own debt (just third-party debt collectors and debt collection ... Text Messages and Emails. A third-party debt collector is permitted to send you electronic messages including texts and emails. Each of these ... 4 days ago ? 1, 2022. The Debt Collection Licensing Act requires debt collectors and buyers to apply for a DFPI license by Dec. 31, 2021. Debt collectors and ... Surviving Debt is geared for consumers, counselors, paralegals, and attorneys new to consumer law. The 288-page book explains steps that ... Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ...49 pages Third Parties, page 21, below.) Example: An employee of a debt collection agency might make proper disclosure to the debtor of both identity and purpose by ... Plaintiff (e.g., creditor or debt buyer) files a complaint in court and provides notice of the lawsuit to defendant (i.e., person being ... The Washington law requires collection agencies to send you a written notice before their first contact with you. Federal law gives collection ... The landlord cannot attempt or threaten to collect unpaid debt themselves orof unlawful detainer, notice of non-renewal or notice of rent increase.

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Washington Notice to Debt Collector - Unlawful Messages to 3rd Parties