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Alaska Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States

Category:
Collections - Fair Debt Practices Act
State:
Multi-State
Control #:
US-DCPA-19.3BG
Format:
Word; 
Rich Text
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Description

Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692e, provides, in part, as follows:


A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(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."

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FAQ

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

If you believe you already paid the debt, do not owe the debt, the amount is incorrect, or that it's not even your debt, you may send a written request to the debt collector to dispute the debt or receive more information.

Debt collectors cannot harass or abuse you. 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.

Collectors are required by Fair Debt Collection Practices Act (FDCPA) to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.

§ 807. (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.

A debt collector may not use any false, deceptive, or misleading representation or means to collect or attempt to collect a debt.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

For example: A debt collector may not: Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Use obscene, profane, or other language that abuses the hearer or reader.

It's very simple: Someone contacts you ? often by phone, but also by text message, fax, mail or email ? and claims that you owe a debt. The debt may be completely , canceled, discharged, forgiven or beyond the period for collection.

If a CA lets another person know who the debtor is, and why they're calling you then they have violated the FDCPA and, if they cannot provide adequate validation, then they have essentially told a lie about you! i.e., they have defamed your character.

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Alaska Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States
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