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Letter Informing Debt Collector of False or Misleading...

San Jose California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Using False Representation or Deceptive Means to Collect a Debt

Name: San Jose California 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

City:

San Jose

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

Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.

Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.

Unfair practices are prohibited Deposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

For example, a debt collector may not: Try to collect charges in addition to the debt unless they are allowed by the contract or state law. Deposit a post-dated check early. Communicate with you about a debt by postcard.

(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.

The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

If the overall impression left by a business's advertisement, promotion, quotation, statement or other representation creates a misleading impression in your mindsuch as to the price, value or the quality of any goods and servicesthen the behaviour is likely to breach the law. There is one exception to this rule.

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.

Here are a few suggestions that might work in your favor: Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing.Dispute the debt on your credit report.Lodge a complaint.Respond to a lawsuit.Hire an attorney.

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San Jose California 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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