Contra Costa California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed

State:
Multi-State
County:
Contra Costa
Control #:
US-DCPA-19.14BG
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Word; 
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Description

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:


"(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."

Dear [Debt Collector's Name], RE: False or Misleading Misrepresentations in Collection Activities — Communicating False Credit Information without Communicating Disputed Debt Status I am writing to you today to address a matter of great concern regarding the collection activities related to my debt. It has come to my attention that your agency has been engaging in false or misleading misrepresentations by communicating false credit information without taking into account that the debt in question is currently being disputed. Firstly, I want to bring to your attention that under the Fair Debt Collection Practices Act (FD CPA), debt collectors are prohibited from engaging in any deceptive or misleading practices when attempting to collect a debt. By failing to communicate that a debt is disputed, you are providing false credit information to credit reporting agencies and potentially damaging my creditworthiness. Furthermore, the FD CPA dictates that debt collectors must provide accurate and truthful information regarding the status of a debt. By not informing credit reporting agencies that the debt is being disputed, you are purposefully misrepresenting the true state of the debt and potentially harming my financial reputation. I must emphasize that I have raised a legitimate dispute regarding the validity of this debt and have provided all necessary documentation to support my claim. Based on this, I request that you promptly update all credit reporting agencies you have previously reported to, indicating that this debt is currently under dispute. Failure to comply with this request may result in legal action being taken against your agency for violations of the FD CPA. I trust that you will take this matter seriously and rectify the false or misleading misrepresentations that have been made thus far. I kindly request written confirmation within [insert time frame] that you have taken the appropriate measures to remove any false credit information associated with this disputed debt from all credit reporting agencies. Additionally, please acknowledge in writing that you will cease any further communication or threats to communicate false credit information until the dispute regarding this debt has been fully resolved. Thank you for your immediate attention to this matter. I expect a prompt resolution, as well as the necessary corrections made to my credit report. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]

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FAQ

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

Creditor harassment is any type of unsolicited and repeated contact from the creditor or a debt collection agency that disturbs you, frightens you, or makes you feel threatened.

You can file your dispute through the credit bureaus' website, over the phone or by mail. The easiest and fastest way is to do it online. Whichever route you go, you will have to provide personal information, a description of the information that needs to be corrected, and documentation to back your claim.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

The Australian Collectors & Debt Buyers Association Code of Practice (Code) is the industry code of the Australian Collectors & Debt Buyers Association (ACDBA). Compliance with this Code is a compulsory obligation for ACDBA members.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from placing repeated or continuous telephone calls or conversations to you with the intent to harass, oppress, or abuse you.

Fortunately, there are legal actions you can take to stop this harassment: Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

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.

You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.

(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.

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Contra Costa California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed