Wyoming Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

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Multi-State
Control #:
US-DCPA-31
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Word; 
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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.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e. The statute enumerates several examples of such practices, 15 U.S.C.

    Debts that may not be covered are those that are not incurred voluntarily, such as income taxes, parking and speeding tickets, and domestic support obligations like child support and alimony, or spousal support.

    If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

    Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.

    You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.

    The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

    Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

    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.

    If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.

    One is to report them to the Financial Consumer Protection Department of the BSP (i.e. email consumeraffairs@bsp.gov.ph or call 632-708-7087). Be sure to document all communications with your debt collectors including text messages and e-mails. If you can, record your conversation with their consent.

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    Wyoming Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment