Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:
"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector . . . ."
Keywords: Phoenix Arizona, second notice, debt collector, false or misleading misrepresentations, collection activities, failure to disclose, debtor, subsequent communication, letter requesting information, alleged debt. Description: A Phoenix Arizona second notice to a debt collector refers to a formal communication sent to a debt collector regarding false or misleading misrepresentations in their collection activities. This notice highlights the debt collector's failure to disclose to the debtor in subsequent communications that the initial letter requesting information regarding the alleged debt was from a debt collector. It is crucial for debt collectors to adhere to the Fair Debt Collection Practices Act (FD CPA), which requires them to provide accurate and truthful information to debtors. If debt collectors engage in false or misleading representation, it is an infringement of the debtor's rights. A debtor who receives a letter requesting information about an alleged debt from a debt collector should be informed clearly and explicitly that the communication is from a debt collector. Failure to disclose this fact in subsequent communications is a violation of the FD CPA. There may be different types of second notices in this context. For example: 1. Second Notice of False or Misleading Misrepresentation: This type of notice specifically addresses the false or misleading information provided by the debt collector in their collection activities. It highlights instances where the debt collector misrepresents the nature, amount, or validity of the alleged debt. 2. Second Notice of Failure to Disclose Debt Collector Status: This notice focuses on the debt collector's failure to disclose their status as a debt collector in subsequent communications. It emphasizes the importance of transparency and fairness in debt collection practices. 3. Second Notice of Misrepresentations in Collection Activities: This type of notice combines both false or misleading misrepresentations and the debt collector's failure to disclose their status. It covers instances where the debt collector provides inaccurate information while also neglecting to inform the debtor that they are a debt collector. These various types of second notices serve as formal complaints to hold debt collectors accountable for their actions. By sending these notices, debtors assert their rights and seek resolution for the violations committed by the debt collector.Keywords: Phoenix Arizona, second notice, debt collector, false or misleading misrepresentations, collection activities, failure to disclose, debtor, subsequent communication, letter requesting information, alleged debt. Description: A Phoenix Arizona second notice to a debt collector refers to a formal communication sent to a debt collector regarding false or misleading misrepresentations in their collection activities. This notice highlights the debt collector's failure to disclose to the debtor in subsequent communications that the initial letter requesting information regarding the alleged debt was from a debt collector. It is crucial for debt collectors to adhere to the Fair Debt Collection Practices Act (FD CPA), which requires them to provide accurate and truthful information to debtors. If debt collectors engage in false or misleading representation, it is an infringement of the debtor's rights. A debtor who receives a letter requesting information about an alleged debt from a debt collector should be informed clearly and explicitly that the communication is from a debt collector. Failure to disclose this fact in subsequent communications is a violation of the FD CPA. There may be different types of second notices in this context. For example: 1. Second Notice of False or Misleading Misrepresentation: This type of notice specifically addresses the false or misleading information provided by the debt collector in their collection activities. It highlights instances where the debt collector misrepresents the nature, amount, or validity of the alleged debt. 2. Second Notice of Failure to Disclose Debt Collector Status: This notice focuses on the debt collector's failure to disclose their status as a debt collector in subsequent communications. It emphasizes the importance of transparency and fairness in debt collection practices. 3. Second Notice of Misrepresentations in Collection Activities: This type of notice combines both false or misleading misrepresentations and the debt collector's failure to disclose their status. It covers instances where the debt collector provides inaccurate information while also neglecting to inform the debtor that they are a debt collector. These various types of second notices serve as formal complaints to hold debt collectors accountable for their actions. By sending these notices, debtors assert their rights and seek resolution for the violations committed by the debt collector.
