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Kansas 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

Category:
Collections - Harassment
State:
Multi-State
Control #:
US-01420BG
Format:
Word; 
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Description

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

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FAQ

Hiring a lawyer or sending a certified letter to the collection agency should stop harassing phone calls, but there is plenty of evidence that it does not always work. One reason is that collection agencies can resume contacting you if you don't respond to the validation notice they send after the first call.

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.

FDCPA ? Fair Debt Collection Practices Act Prohibits third-party debt collectors from employing deceptive or abusive conduct in the collection of consumer debts incurred for personal, family or household purposes. This Act does not pertain to financial institutions that collect debt that they originated.

A request that a creditor or collection agency cease calls at work can be verbal or written.

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.

These calls are legal ONLY if the debt collector has your permission to call your cell. You may have listed your cell number on the application for credit, or maybe the company trapped your phone number when you used your cell to call them.

However, the Federal Trade Commission recently clarified the rules regarding collections, now clarifying that collectors cannot call you more than seven times within a seven-day period or within seven days of speaking to you about a debt.

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.

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Kansas 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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