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Letter Informing Debt Collector of False or Misleading...

Miami-Dade Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt

Category:

Collections - Fair Debt Practices Act

State:

Multi-State

County:

Miami-Dade

Control #:

US-DCPA-19.7BG

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:

"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."

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FAQ

On January 1, 2014, the California Fair Debt Buying Practices Act (?FDBPA?) went into effect. The Act, which is intended to provide more protections to consumers whose debts have been sold to a debt buyer, only applies to these debt buyers. It does not apply to creditors, collection agencies, or collection attorneys.

For example, they must tell you the amount of the debt owed, share information about your rights and explain how to dispute the debt. They can also sue you for payment on a debt as long as the statute of limitations on it hasn't expired. But collectors can't threaten you, harass you or lie about how much you owe.

If you have a personal vehicle, a debt collector can legally take your car, sell it, and use the money to settle the debt. There's one crucial thing to keep in mind. If your debt is related to a property like a piece of land or defaulted on a car loan, these possessions can be repossessed to settle the debts.

Prohibitions on Debt Collector Action ?The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' 15 U.S.C. § 1692e.? The statute enumerates several examples of such practices, 15 U.S.C.

5 Ways the Fair Debt Collection Practices Act Protects You You control communication with debt collectors. You're protected from harassing or abusive practices. Debt collectors must be truthful. Unfair practices are prohibited. Collectors must validate your debt. If your rights are violated.

The California statute is called the Rosenthal Fair Debt Collection Practices Act. Creditors and debt collection agencies are permitted to take reasonable steps to enforce and collect payment of debts. That is because an efficient and productive economy requires a credit process.

Acting as a middleman between the creditor and the consumer, agencies will try to obtain payment in full, negotiate payment arrangements, agree on a settlement amount (if authorized to do so by the creditor), or help the consumer work through the process of disputing the debt for various reasons.

The Rosenthal Act applies to debt collectors attempting to collect on debts that people incur by borrowing money, buying property, or obtaining services for personal, family, or household needs. (Cal. Civ. Code § 1788.2).

The Federal Fair Debt Collection Practices Act (15 U.S.C. §§ 1692-1692p) and California's Rosenthal Fair Debt Collection Practices Act (Civil Code §§ 1788 et seq.) protect consumers from abusive, unfair, or deceptive practices by debt collection agencies.

Miami-Dade Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing the Character, Amount, or Legal Status of any Debt

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