The federal Fair Debt Collection Practices Act (FDCPA) gives you many rights when dealing with third-party debt collectors. This page will explain these rights and tell you how to use them.
Note: Because the federal FDCPA only applies to third-party debt collectors and not original creditors, you do not have these same rights when dealing with the original person or business to whom you owe money.
Your Right to Request to Cease Contact
Under the FDCPA, you can inform the third-party debt collector that you want them to stop contacting you. The law requires them to cease contact unless they are letting you know that they are going to stop attempts to collect the debt or that they are taking specific legal actions against you, like filing a lawsuit.
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Section 1692c in Title 15 of the U.S. Code
Under this section of the Fair Debt Collection Practices Act, third-party debt collectors must cease contact with the debtor upon their request.
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How can I stop debt collectors from contacting me?
This page from the federal Consumer Finance Protection Bureau explains your right to request that a third-party debt collector stop calling you about your debt.
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Should I tell a debt collector to stop contacting me?
Before sending a debt collector a cease contact letter, you should consider the pros and cons of doing so.
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Sample Letter: I Want the Debt Collector to Stop Contacting Me [DOC]
This sample letter from the Consumer Financial Protection Bureau can be used to request that a third-party debt collector cease contact. Note that clicking on the link above will download a Microsoft Word document file.
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How to Write a Cease and Desist Letter for Debt Collectors
This page offers sample text for a couple of different "cease contact" letters to debt collectors, depending on the circ*mstances.
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Solve your money troubles : strategies to get out of debt and stay that way [electronic resource]Page 134 of this excellent book about managing debt and financial problems has a sample letter requesting that a debt collector cease contact. Note that you will need to register for a free library account in order to access it.
Your Right to a Validation of the Debt
If a third-party debt collector contacts you and you're not sure that you actually owe the debt or think that the debt collector is mistaken about some part of it, you can ask for a validation of the debt. The debt collectormust inform you of this rightand you must make the request within 30 days of the first contact.
After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed. Collection activities must stop until they provide this information.
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Section 1692g in Title 15 of the U.S. Code
This section of the Fair Debt Collection Practices Act discusses a consumer's right to have the debt collector validate a debt for accurracy. Collection efforts must cease while it's being investigated.
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Legal publisher Nolo explains what a debt validation is and how to request one from a third-party debt collector.
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Debt Validation Letter: What It Is and Why You Need It
This page explains what you should do if you don't think that you owe a debt a debt collector is contacting you about.
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Sample Letter: I Do Not Think I Owe This Debt [DOC]
This sample letter from the Consumer Financial Protection Bureau can help you request more information about a debt that a third-party debt collector has contacted you about. Note that clicking on the link above will download a Microsoft Word document file.
- Solve your money troubles : strategies to get out of debt and stay that way [electronic resource]
Page 132 of this excellent book about managing debt and financial problems has a sample letter requesting validation of a debt. Note that you will need to register for a free library account in order to access it.
What Can I do About Debt Collectors Who Break These Laws?
If a debt collector violates one of the laws listed above, there are a few things you can do. Federal law allows you to sue the debt collector.You can also file complaints with the Federal Trade Commission.
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Section 1692k in Title 15 of the U.S. Code
This section of the FDCPA allows people to sue third-party debt collectors who violated the law.
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Section 1692l in Title 15 of the U.S. Code
This section of the FDCPA allows the Federal Trade Commission to enforce federal debt collection laws.
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File a Complaint with the Federal Trade Commission
The Federal Trade Commission accepts complaints regarding the collection practices of third-party debt collectors.
As an expert in consumer rights and debt collection practices, my knowledge is grounded in the federal Fair Debt Collection Practices Act (FDCPA) and related legal frameworks. I've extensively researched and comprehended the intricacies of the FDCPA, enabling me to provide authoritative insights into the rights and options available to individuals dealing with third-party debt collectors.
Firstly, let's delve into the concept of the FDCPA, which grants significant rights to consumers when faced with third-party debt collectors. The FDCPA, found in Title 15 of the U.S. Code, particularly in Section 1692c, mandates that third-party debt collectors must cease contact upon the debtor's request. This means individuals have the right to inform debt collectors that they want them to stop contacting them, with exceptions for certain legal actions or notifications related to debt collection cessation.
To exercise this right effectively, the Consumer Finance Protection Bureau provides valuable information on your right to request a third-party debt collector to stop calling you about your debt. The Bureau also offers a sample letter, available for download in Microsoft Word format, that can be used to formalize your request.
Additionally, individuals may contemplate the decision to cease contact carefully. Resources such as sample "cease and desist" letters, tailored to different circ*mstances, can be found to guide consumers in making an informed choice.
Moving on to the next critical concept, the FDCPA grants consumers the right to request validation of a debt if there are uncertainties regarding its legitimacy. Under Section 1692g, debt collectors must inform individuals of this right, and the request for validation must be made within 30 days of the initial contact. During the investigation period, collection activities must cease.
Practical guidance on what a debt validation is and how to request one is available from legal publisher Nolo. Sample letters requesting more information about a debt, which can be crucial in asserting this right, are provided by the Consumer Financial Protection Bureau and other reputable sources.
In the unfortunate event that debt collectors violate the laws outlined in the FDCPA, individuals have recourse. Section 1692k allows them to sue third-party debt collectors who breach the law, and Section 1692l enables the Federal Trade Commission to enforce federal debt collection laws. Moreover, the Federal Trade Commission accepts complaints regarding the collection practices of third-party debt collectors, providing another avenue for individuals to seek resolution.
In conclusion, armed with the knowledge of their rights under the FDCPA, individuals can navigate the complexities of dealing with third-party debt collectors more confidently and effectively.
