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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Legal rights when dealing with debt collectors Under the Australian Consumer Law, a debt collector must not: use physical force or coercion (forcing or compelling you to do something) harass or hassle you to an unreasonable extent. mislead or deceive you (or try to do so)
No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.
Misrepresenting the amount you owe or the status of the debt....If you believe a debt collector has given you false, deceptive, or misleading information, you have several options: Submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). Contact the FTC , or your state's attorney general .
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.
State Debt Recovery Act 2018 No 11 - NSW Legislation.
(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.
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.
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.
Here are a few suggestions that might work in your favor: Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.
