Cook Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Arrest or Imprisonment of any Person

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Multi-State
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Cook
Control #:
US-DCPA-19.9BG
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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:


"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person . . . ."

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FAQ

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

If the FDCPA is violated, the debtor can sue the debt collection company as well as the individual debt collector for damages and attorney fees.

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.

I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.

(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.

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.

5 ways to deal with debt collectors Don't ignore them. Debt collectors will continue to contact you until a debt is paid.Get information on the debt.Get it in writing.Don't give personal details over the phone.Try settling or negotiating.

Legal rights when dealing with debt collectors Under the Australian Consumer Law, a debt collector must not: use physical force or coercion (forcing or compelling you to do something) harass or hassle you to an unreasonable extent. mislead or deceive you (or try to do so)

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 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.

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Cook Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Arrest or Imprisonment of any Person