Clark Nevada Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

State:
Multi-State
County:
Clark
Control #:
US-DCPA-19.18BG
Format:
Word; 
Rich Text
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Description

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


"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."


This would include falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.

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FAQ

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

6 Ways to Remove Collection Accounts from Your Credit Report Ask the Collection Agency to Validate the Debt.Dispute the account with the Credit Bureau even if it's accurate.Try to set up a Pay for Delete.Settle the debt and dispute it again.Wait for the account to be sold to another agency and dispute it.

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.

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

Once you dispute the debt, the debt collector can't call or contact you to collect the debt or the disputed part of the debt until the debt collector has provided verification of the debt in writing to you.

If you have inaccurate or incomplete collection accounts on your credit report, the Fair Credit Reporting Act gives you the power to dispute this information directly with the credit bureaus or creditor. You can send a dispute using the dispute form on each credit bureau's website.

Pretend to Work for a Government Agency The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. They also cannot claim to be working for a consumer reporting agency.

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.

Harassment of the debtor by the creditor More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

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

Interesting Questions

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To make false or deceptive statements in the course of their collection activities. See 15 U.S.C. § 1692e.Plaintiffs' creditors assigned these debts to FSGB, a collection agency.

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Clark Nevada Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt