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:
"(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency . . . ."
Wayne Michigan Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing or Implying that a Debt Collector Operates or is Employed by a Consumer Reporting Agency
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US-DCPA-19.6BG
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How to fill out Letter Informing Debt Collector Of False Or Misleading Misrepresentations In Collection Activities - Falsely Representing Or Implying That A Debt Collector Operates Or Is Employed By A Consumer Reporting Agency?
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FAQ
If your collection account doesn't fall off of your credit report after seven years, you can file a dispute with each credit bureau that lists it on your report.
The Australian Collectors & Debt Buyers Association Code of Practice (Code) is the industry code of the Australian Collectors & Debt Buyers Association (ACDBA). Compliance with this Code is a compulsory obligation for ACDBA members.
(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.
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
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
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.
You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.
Step 1: Write the letter Don't contact me except to validate the debt. Report to the credit bureaus that the debt is disputed. Provide all of this information. Proof I owe the debt. The amount of the debt.If you validate the debt, cease contacting me for any reason other than to tell me you're suing me.
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.
Keep in mind that disputing the validity of a debt does not mean you are refusing to pay. Rather, the collection agency must provide proof that you are legally obligated to pay the money to it. If the collection agency cannot provide this information, you are under no legal obligation to pay them.