Pima Arizona Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
County:
Pima
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

State Debt Recovery Act 2018 No 11 - NSW Legislation.

"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.

If the debt collector knows an attorney is representing you about the debt, the debt collector must contact the attorney instead of you. The debt collector may contact you if your attorney fails to respond to the collector within a reasonable period of time or your attorney agrees that the collector can contact you.

In addi tion, a debt collector who is unable to locate a consumer may ask a third party for the consumer's home address, telephone number, and place of employment (location information).

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.

(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.

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.

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.

Communicating with Third Parties The only third parties that a debt collector may contact when trying to collect a debt are: 2022 The consumer. The consumer's attorney. A consumer reporting agency (if permitted by local law).

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.

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Pima Arizona Notice to Debt Collector - Unlawful Messages to 3rd Parties