Irvine California Notice Letter to Debt Collector of Section 808 Violation - Unfair Practices

• Category: Collections - Fair Debt Practices Act
• State: Multi-State
• City: Irvine
• Control #: US-DCPA-20
• Format: Word; Rich Text

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use unfair or unconscionable means to collect a debt.

Examples of unfair practices include:

Collecting an amount not authorized by the agreement creating the debt or by law.

Soliciting a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

Depositing a postdated check prior to the date on the check.

Causing a person to incur charges for communications by concealing the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

Taking, or threatening to take, any nonjudicial action to enforce a security interest on property such as repossessing a consumer's property where (a) there is no present right to the collateral, (b) there is no present intent to exercise such rights, or (c) the property is exempt by law.

Communicating with a consumer regarding a debt by post card.

Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use their business name if such name does not indicate that they are in the debt collection business.

Use this form to let a debt collector know you will not tolerate unfair practices.

This form also also includes follow-up letters containing a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

Law summary