Fair Debt Collection Practices Act Sample Letter by qpi17452

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									                                                Stop Harassing Phone Calls

                Federal Fair Debt Collection Act                                                  Texas Debt Collection Act



              Applies to a “debt collector” that is                                         Applies to anyone trying to collect a
               someone in the business of collecting                                          debt, including the store that sold you
               debts for another. FDCA doesn’t apply                                          the goods and any agency it hires to
               to a creditor collecting his own debts.                                        collect the debt.
              Debt collectors may not harass,                                               It is illegal to oppress, harass, or abuse
               oppress, or abuse you in connection                                            any person in connection with the
               with the collection of a debt.                                                 collection of a debt.
              It is illegal to cause a phone to ring                                        A debt collector may not place phone
               repeatedly with intent to annoy, abuse,                                        calls without disclosing the name of the
               or harass; or to call without giving the                                       person calling, may not call with intent
               caller’s identity; or to call after 9 p.m.                                     to annoy or harass, and may not cause
               or before 8 a.m.                                                               the phone to ring repeatedly or
              You can stop a debt collector from                                             continuously with the intent to harass.
               contacting you by writing a letter to the                                     If you are being subjected to harassing,
               debt collector telling them to stop.                                           abusive, or fraudulent debt collection
              Once you notify the debt collector in                                          tactics by professional debt collectors,
               writing that you want them to stop                                             and you want to stop further contact
               communication with you, the debt                                               with you, notify the collector in
               collector must stop all communication                                          writing.
               except advising you of his next step.


                                                                        Remedies



              The Federal Trade Co mmission enforces the                                     Vio lators of the TDCA are subject to
               FDCA.                                                                           criminal and civil penalties. Consumers who
              You have the right to sue a collector in a state                                think they have been harassed or deceived
               or federal court within one year fro m the date                                 may seek injunctions and damages against
               the law was violated. If you win, you may                                       debt collectors. These actions are also
               recover money for the damages you suffered                                      violations of the Texas Deceptive Trade
               plus an additional amount up to $1,000. Court                                   Practices/ Consumer Protection Act, which
               costs and attorney's fees also can be recovered.                                gives the Attorney General the authority to
              A debtor-plaintiff can recover statutory                                        take action in the public interest.
               damages absent proof of actual damages.                                        A debtor-plaintiff can recover statutory
               Therefore, a plaintiff may not be awarded                                       damages but must produce proof of actual
               statutory damages in an amount exceed ing                                       damages. A statutory recovery of $100 for
               $1000. In co mputing the damage award courts                                    each violation of this Act is conditioned on
               will consider the frequency, persistence, and                                   the successful maintenance of a suit. See
               nature of noncompliance by the debt collector,                                  Elson v. Resolution Services, Inc., 950
               and the extent to which such noncompliance                                      S.W.2d, 180 (Tex. App. 1997).
               was intentional. See Dixon v. United Adjusters,
               No. 79-179, 1981 U.S. Dist. LEXIS 18392 (D.
               Or. Feb. 19, 1981).


Above information obtained from the Texas Attorney General’s website at http://www.oag.state.tx.us/AG_Publications/txts/debt.shtml and Know Your Rights!, 6 th
Edition, by Richard Alderman.
                                     Sample Cease Communication Letter

                    Send the letter by certified mail with a return receipt requested to each collectio n agency.
                    Keep a copy of what you send.
                    When you receive the green card receipt back, put it with the copy of the letter you sent.
                    Include a reference to both state and federal statutes to ensure original creditor is included
                     in demand to “cease and desist.”




                                                                                                                                            Date
                                                                                                                                    Your Name
                                                                                                                                  Your Address
                                                                                                                                 City, State, Zip

          Their Name
          Their Address
          Their City, State, Zip

          RE: File #…Creditor Name…Creditor Acct. #…Amount $…
          (Include all information that will assist bill collector identify which account you are writing
          about.)

          Dear Bill Collector:

          This letter is your notice to cease all communication with me, pursuant to both the federal and
          state Fair Debt Collection Practices Act, in regard to the above referenced debt. Failure to
          comply with this notice and to immediatedly cease and desist will result in legal action under
          these statutes.

          Sincerely,



          <Your Name>




Above information obtained from the Texas Attorney General’s website at http://www.oag.state.tx.us/AG_Publications/txts/debt.shtml and Know Your Rights!, 6 th
Edition, by Richard Alderman.

								
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