Contra Costa California Letter Informing Debt Collector of Unfair Practices in Collection Activities - Soliciting a Postdated Check for the Purpose of Depositing or Threatening to Deposit the Check Prior to the Date on the Check

State:
Multi-State
County:
Contra Costa
Control #:
US-DCPA-20.2BG
Format:
Word; 
Rich Text
Instant download

Description

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


"(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument."

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FAQ

Unfair Practices Collect any interest, fee, charge or expense incidental to the principal obligation unless it was authorized by the original debt agreement or is otherwise permitted by law.

(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.

Creditor harassment is any type of unsolicited and repeated contact from the creditor or a debt collection agency that disturbs you, frightens you, or makes you feel threatened.

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.

The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

Debt collectors cannot harass or abuse you. 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.

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.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

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Contra Costa California Letter Informing Debt Collector of Unfair Practices in Collection Activities - Soliciting a Postdated Check for the Purpose of Depositing or Threatening to Deposit the Check Prior to the Date on the Check