Bronx New York Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
County:
Bronx
Control #:
US-DCPA-28
Format:
Word; 
Rich Text
Instant download

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.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

Creditor harassment is any type of unsolicited and repeated contact from the creditor or a debt collection agency that disturbs you, frightens you, or makes you feel threatened.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from placing repeated or continuous telephone calls or conversations to you with the intent to harass, oppress, or abuse you.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

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.

(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.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

Giving information about the debtor's account. making a demand for payment. accurately explaining the consequences of non-payment, including any legal remedies available to the collector or creditor, and any service restrictions that may apply in the case of utilities, such as disconnection of electricity.

By law, a debt collector is not allowed to threaten or use physical force of any kind towards you, any member of your family or a third party connected to you to try and collect your debt. They can, however, contact a family member, friend of third party to obtain location information on you.

Fortunately, there are legal actions you can take to stop this harassment: Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

The FDCPA does not permit debt collectors to disclose your personal information to any third party. This means that if your voicemail is shared with your family or roommates or if it is monitored by your employer, debt collectors are not allowed to leave a message. Messages can only be left on private voicemail.

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Bronx New York Notice to Debt Collector - Unlawful Messages to 3rd Parties