A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:
South Dakota Notice to Debt Collector - Falsely Representing Dire Consequences for Nonpayment of a Debt
Category:
State:
Multi-State
Control #:
US-DCPA-37
Format:
Word;
Rich Text
Instant download
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.
Falsely representing or implying that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person.
Falsely representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.
For instance, a debt collector may not: falsely allege that the consumer committed fraud; or misrepresent the law (e.g., tell a consumer they committed a crime by issuing a check that was dishonored when the law in their state applies only where there is a "scheme to defraud ).
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