A debt collector may not use unfair or unconscionable means to collect a debt. This includes causing a person to incur charges for communications by concealing the true propose of the communication.
Santa Clara California Notice to Debt Collector - Causing a Consumer to Incur Charges for Communications by Concealing the Purpose of the Communication
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-DCPA-44
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.
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FAQ
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.
The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.
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 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.
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.
(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
They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
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.
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).
Debt collectors can't contact you before 8 a.m. or after 9 p.m., unless you agree to it. They also can't contact you at work if you tell them you're not allowed to get calls there. How can a debt collector contact me? Debt collectors can call you, or send letters, emails, or text messages to collect a debt.
