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What exactly is the Section 341 -- False Statements and Fraudulent Debt Collection Practices
A federal statute known as the Fair Debt Collection Practices Act gives specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass; including calling during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed.
FALSE STATEMENTS MAY INCLUDE THREATS TO:
- Attach your wages when unlawful or not intended.
- Threats to take more wages that is permitted by the federal limitation.
- Contact your employer about the debt.
- Calling "everyday until the debt is paid."
- Selling the debt to another company for the purposes of continuing collection on a time-barred debt.
- Contact neighbors about the debt.
- Contact the Department of Homeland Security about your alien status.
- Threaten imprisonment or criminal punishment.
- Report a financed vehicle as "stolen" because you missed one or more vehicle payments.
- File or threaten to file criminal bad check charges on a post-dated check that the collector solicited.
- Immediately evict, whether or not by an agent for a landlord, lockout, or seize personal property where such relief is limited by state law.
- Sue, where no suit is intended, e.g. a collector requested "settlement prior to possible legal action" where the collection agency had no authority to sue, or to retain counsel.
- Threats implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.
- Collect or sue for "collection costs," "attorney's fees," interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect. The collector cannot threaten to add attorney's fees or his fees where the agreement you signed does not specifically provide for them.
- Add "collection costs, attorney's fees" and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.
- Sue or bring any kind of legal action where the threat is not followed through, or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
- Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not.
- Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector.
- Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action.
THIS LIST IS JUST A SMALL SAMPLE OF FALSE STATEMENTS.
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