Colorado Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt

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US-DCPA-19.7BG
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Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 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:


"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."


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FAQ

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

(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. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

Your letter should: Ask the credit bureau to remove or correct the inaccurate or incomplete information. Include: your complete name and address....The credit bureaus also accept disputes online or by phone:Experian (888) 397-3742.Transunion (800) 916-8800.Equifax (866) 349-5191.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

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.

You can sue a company for sending you to collections for a debt that you don't owe. If a debt collector starts calling you out of the blue, but you know perfectly well that you made the payment in question, the law gives you the right to file an action in court against the company.

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

More info

character, amount, or legal status of any debt.? 15 U.S.C. 1692e(2)(A). A debtThe defendant collecting the debt is a ?debt collector?. Robert A. Monteith has practiced debtor/creditor law in Wyoming since graduation from the University of Wyoming, College of Law, in 1981.State level consumer protections vary greatly and cover a wide range ofA debt collector may not use any false, deceptive, or misleading ... A consumer collection agency, or debt collector, is any person who regularlymisrepresent the character, amount or legal status of your debt or any ... The Johnson Law Firm is a consumer protection law firm representing consumers in unfair debt collection, credit card debt, car repossessions, deceptive ... Consumer protection laws regulating debt collection practices are a complexa false representation of the character, amount or legal status of any debt, ... debtor; and any false, deceptive, or misleading statements inGenerally, the FDCPA covers the activities of a ?debt collector. By C Stueben · 2010 · Cited by 22 ? collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some. Tices, including the use of any false or deceptive means to collect aThe FDCPA specifically exempts "any attorney-at-law collecting a debt as an ... (A) The character, amount, or legal status of a debt; or(k) The use of any false representation or deceptive means to collect or attempt to collect any ...

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Colorado Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt