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.
Orange California Notice to Debt Collector - Unlawful Messages to 3rd Parties
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Multi-State
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Orange
Control #:
US-DCPA-28
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FAQ
And although it does require an opt-out option in every message, it authorizes collectors to send these messages without consumer consent. Those messages are permitted for every debt you have in collections.
Although they are legally allowed to leave you a voicemail, it can only be done on a private cell phone where they are sure it will not be heard by a third party. Do not stand for debt collectors that violate the FDCPA. Always save your voicemail messages and any proof that may be usable in court.
As of Nov. 30, 2021, debt collectors have new options for how they may communicate with you about debts they're trying to collect. Now they can text you. Text messages, along with emailing and direct messages on social media, are allowed as part of an update to the Fair Debt Collection Practices Act (FDCPA).
Collectors can only contact you between 8 a.m. and 9 p.m. in your local time. They have to identify themselves as debt collectors and they can't reveal your debts to any third party except your spouse or attorney. They cannot repeatedly call you (or, in this case, send repeated text messages) to annoy or harass you.
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.
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.
Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor) Your guardian, executor, or administrator. Your attorney, if you are represented with respect to the debt.
If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.
Repeated phone calls or texts, meant to annoy or abuse you. Threats of violence or other kind of harm. Obscene, abusive, or vulgar language. Sharing your information publicly, to shame you into paying your debts.