King Washington Notice to Debt Collector - Misrepresenting Someone as an Attorney

State:
Multi-State
County:
King
Control #:
US-DCPA-35
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 use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes falsely representing or implying that someone is an attorney or that any communication is from an attorney.

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FAQ

Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt. You can also use the sample dispute letter to discover the name and address of the original creditor. As with all dispute letters, you should keep a copy of the letter for your records.

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).

9 Things You Should (And Shouldn't) Say to a Debt Collector Do Ask to see the collector's credentials.Don't Volunteer information.Do Make a preemptive offer.Don't Make your bank account accessible.Maybe Ask for a payment-for-deletion deal.Do Explain your predicament.Don't Provide ammunition.

Misrepresentation: Collectors can't try to pretend being someone else. Debtors have reported collectors posing as law enforcement agents, attorneys and credit reporting agency officials. Impersonating a police officer is illegal in many jurisdictions, and it's prohibited everywhere as a debt-collection ploy.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of

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.

A debt collector may not communicate with a consumer at any unusual time (generally before a.m. or after p.m. in the consumer's time zone) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.

(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.

1. Consumer-initiated communications. A consumer-initiated communication from a consumer represented by an attorney constitutes the consumer's prior consent to that communication under § 1006.6(b)(4)(i); therefore, a debt collector may respond to that consumer-initiated communication.

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King Washington Notice to Debt Collector - Misrepresenting Someone as an Attorney