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Fact: Pursuant to the Fair Debt Collection Practices Act, it is unlawful for a collection agency to give false or misleading representations regarding any alleged debt’s amount or legal status.
Many Americans like you are being contacted by collection agencies who are trying to get payments on defaulted accounts they have acquired or been assigned. Even though you may owe a debt, you still have rights.
You should dispute the debt in writing if you feel as if the dollar amount the collection agency is requesting is inaccurate, if you feel the debt is not owed or if you feel the debt is fraudulent. You can send a letter to the collection agency within thirty days of first being notified of the collection. You should send this letter via certified mail so that you can prove that they received it. In response to your dispute, the collection agency must cease collection activity until they send you some sort of validation of the alleged debt. They can resume their collection efforts again once they produce proof of your debt.
The Fair Debt Collection Practices Act (“FDCPA”) regulates what debt collection agencies may and may not do. There are many things collection agencies cannot do or say when contacting you. Collection agencies may not:
If any of these things occur, your best option is to consult with a consumer protection attorney.
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ACCI has called both my wife and myself trying to find our daughter in law. The caller left us both voicemail messages saying that they are trying to find her about an “outstanding warrant for her arrest”. No one has spoken to us to ascertain who we were before disclosing this information – which is probably a false threat anyway.