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Kentucky Notice to Debt Collector - Unlawful Messages to 3rd Parties

State:
Multi-State
Control #:
US-DCPA-28
Format:
Word; 
Rich Text
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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.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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How to fill out Kentucky Notice To Debt Collector - Unlawful Messages To 3rd Parties?

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FAQ

Under the FDCPA, a communication from a debt collector must meaningfully disclose the identity of the debt collector and provide what is called a "mini-Miranda" warning. The communication must identify the debt collector (name, employer, and telephone number).

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

Debt collectors may contact third parties like a cosigner to get your home address, phone number, or place of employment. Asking family members about your whereabouts and basic contact information is perfectly legal. But debt collectors cannot ask your friends or family members about other subjects.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

If you're dealing with a third-party debt collector, there are five things you can do to handle the situation.Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

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.

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

More info

12-Jan-2017 ? The CFPB updates this information periodically. This information may include links or references to third-party resources or content. We do not ... 07-May-2021 ? Whether that is making unauthorized robocalls, revealing your debt to yourIf a debt collector contacts a third party such as your aunt, ...Who are contacted each year by a debt collector.2 While the Proposed Rule isinformation to convey to a third party that the messages concern a debt. 11-Dec-2021 ? The FDCPA also prevents debt collectors from leaving messages with third parties. They can't indicate that you have a debt, what you owe, or who ... Tennessee and Kentucky are both ?One Party Consent States,? meaning that if a consumer would like to record the conversation with the debt collector, the ... Debt Collector (Creditor) Cease and Desist ? Inform a creditor to halt alland Desist ? Give official notice to a 3rd party that is infringing on a ... 27-Oct-2021 ? Before a debt collector can file a court case, they must send the debtor a written "validation notice" telling the debtor how much they owe, ... Furthermore, though, and consistent with the D.C. Circuit's note in Pilon,which the Privacy Act requires written consent merely because a third party ... We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and ... The debt collector could avoid the issue surrounding disclosure of the deb- tor's information to third parties by utilizing a debt collection method other.

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Kentucky Notice to Debt Collector - Unlawful Messages to 3rd Parties