Wisconsin Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney

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Multi-State
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US-DCPA-19.4BG
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Word; 
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Description

Section 807 of the Fair Debt Collection Practices Act (15 USC 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:


"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."

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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.

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.

Debt Validation Letter Example I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.

The collection dispute letter to debt collectors should include the following information: Your details ? name, address, official email address, etc. Request for more information about the creditor. Amount of debt owed. A request note to not report the matter to the credit reporting agency until the matter is resolved.

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.

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.

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.

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.

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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 an Attorney or that Communication is From an Attorney