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Letter Informing Debt Collector of False or Misleading...

Salt Lake Utah Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

Name: Salt Lake Utah Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt
Brand: US Legal Forms
Rating: 4.76 (475 reviews)

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

County:

Salt Lake

Control #:

US-DCPA-19.18BG

Format:

Instant download

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:

"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."

This would include falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.

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FAQ

Pretend to Work for a Government Agency The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. They also cannot claim to be working for a consumer reporting agency.

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.

If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.

How often can a creditor contact me? Debt collectors should limit their contact to a maximum of 3 phone calls or letters per week (or 10 per month) unless you give them permission to do otherwise.

Debt collectors should only contact you at work as a last resort or if you have expressly asked to be contacted at the workplace. Debt collectors should handle all workplace collection inquiries with discretion and ensure that no one else is aware of the purpose of their visit.

Your credit card debt, auto loans, medical bills, student loans, mortgage, and other household debts are covered under the FDCPA.

Most often a debt under $1000 will not result in legal action as it is not cost-effective for your business, so it is especially important to collect on those smaller debts. Once again, if the debt has gone on past 90-120 days, it is in your best interest to consider hiring a collection agency.

What are the provisions of the FDCPA? Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.

Contacting a debtor after PM at night or before AM on weekdays or before AM on weekends. Contacting a debtor by telephone more than 3 times per week or 10 times per month.

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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Get free access to the complete judgment in JONES v. In the Debt Collection Industry: Selected Examples .Collections status").

It is difficult to assess whether the judge had a bias because of her position in the civil division of the District of Columbia Court of Appeals. We conclude that the court reached her decision after careful review of the evidence and after considering the appropriate standard of review for the federal courts. Jones v. In the Debt Collection Industry was a class action brought against the defendant, the Debt Collectors Alliance, LLC, which represented collection agencies in debt collections activities. Plaintiffs alleged that the defendants had engaged in various unethical and illegal practices, including failing to follow the legal requirements for collection practices, filing false or misleading lawsuits, and refusing to acknowledge rights of certain plaintiffs whose debts had been resolved for purposes other than the collection of money.

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Salt Lake Utah Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

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Can you pretend to be a debt collector?

What is the most common violation of the Fdcpa?

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How many times can you contact a debtor?

Can a debt collector come to my work place?

What types of debt are covered by the FDCPA?

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What are the major provisions of the FDCPA?

At what times can the collector contact the debtor in their workplace?

What are four practices that collectors are prohibited from doing under the FDCPA?

Interesting Questions

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Why would I send a Salt Lake letter to a debt collector?

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Does a Salt Lake letter guarantee legal action against the debt collector?

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