Wisconsin Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States

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Multi-State
Control #:
US-DCPA-19.3BG
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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:


"(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."

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FAQ

Dear debt collector: I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. You can contact me about this debt, but only in the way I say below.

If a debt collector doesn't send a debt validation letter, you should request one ? especially if you plan to dispute the debt and avoid the collections process. Collectors who don't send these letters could get in trouble with the Federal Trade Commission (FTC) if you file a complaint against them.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.

To further establish as evidence the date and fact that you sent the debt collector a DV letter, it's a good idea to have someone else mail your DV letter along with an "Affidavit of Mailing". This signed and notarized affidavit by a third party will firmly establish your evidence of mailing the DV letter.

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.

Your Right to a Validation of the Debt After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed. Collection activities must stop until they provide this information.

Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to who, as well as when you need to pay the debt. If you're still uncertain about the debt you're being asked to pay, you can request a debt verification letter to get more information.

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Wisconsin Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States