Arkansas Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act

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The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. The FDCPA applies only to those who regularly engage in the business of collecting debts for others -- primarily to collection agencies. The Act does not apply when a creditor attempts to collect debts owed to it by directly contacting the debtors. It applies only to the collection of consumer debts and does not apply to the collection of commercial debts. Consumer debts are debts for personal, home, or family purposes. The collector is restricted in the type of contact he can make with the debtor. He can't contact the debtor before 8:00 a.m. or after 9:00 p.m.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act
  • Preview Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act

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FAQ

How can you remove collections from a credit report? Step 1: Ask for proof. There needs to be evidence that the debt is genuinely yours to pay for it to stay on your credit report. ... Step 2: Look for and report inaccuracies. ... Step 3: Ask for a pay-for-delete agreement. ... Step 4: Write a goodwill letter to your creditor.

There are laws to prohibit debt collectors from placing repeated or continuous telephone calls to annoy, abuse, or harass you or others who share your phone number. They're also prohibited from communicating with you at times or places that are inconvenient for you.

6681 or the ?Fair Debt Collection Practices Act?, which aims to regulate debt collection practices to protect borrowers from abuses, harassment, unfair treatment and misrepresentations.

§ 808. (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

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.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

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.

Use of threat, violence or other criminal means to harm a person, reputation or property. Use of obscene or profane language. False representation that the debt collector represents a state or federal government. Misleading information on the amount or legal status of a debt.

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Arkansas Complaint by Debtor for Harassing and Malicious Telephone Calls Regarding Debt, Invasion of Right to Privacy and Violation of the Federal Fair Debt Collection Practices Act