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:
"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."
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An effective debt validation letter should clearly state your request for validation and include your personal details, such as name and address. Make sure to ask for specific information regarding the debt, including documents that prove your liability. Including a mention of any false or misleading statements can strengthen your position. For guidance, check out examples on the UsLegalForms platform, which offers various templates, including the Pima Arizona Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt.
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.
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.
A creditor believes you are past due on a debt. Creditors may use their own in-house debt collectors or may refer or sell your debt to an outside debt collector. A debt collector also may be calling you to locate someone you know, as long as the collector does not reveal that they are collecting a debt.
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.
"Collection agency" is another term used to describe third-party debt collectors. These agencies are companies that specialize in recovering unpaid debt in collections. Creditors usually offload collection efforts onto agencies after unsuccessfully trying to get debt payments themselves.
Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.
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.
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.
What are the provisions of the FDCPA? Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.
