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Your Rights Under Federal Law

Minor FDCPA Violations

15 U.S.C. 1692g;
see 5.7.2.5, supra.
Did the debt collector fail to send a validation notice (aka dunning letter) within five days of the initial communication, whether written or oral?
15 U.S.C. 1692g;
see 5.7.3.4, supra.
If the consumer made a timely validation request, did the collector continue collection activities before providing the required validation?
15 U.S.C. 1692e(1);
see 5.5.3, supra.
Does the communication give the false impression that the debt collector is affiliated with the United States or any state government, including the use of any badge, uniform, or facsimile of such?
15 U.S.C. 1692e(2);
see 5.5.4, supra.
Does the communication contain a false impression of the character, amount, or legal status of the alleged debt?
15 U.S.C. 1692e(5);
see 5.5.8, supra.
Does the communication threaten to take any action that cannot legally be taken or that is not intended to be taken (e.g. suit, harm to credit reputation, arrest)?
15 U.S.C. 1692e(7);
see 5.5.10, supra.
Does the communication give the false impression that the consumer committed any crime or other conduct in order to disgrace the consumer?
15 U.S.C. 1692e(8);
see 5.5.11, supra.
Does the communication communicate or threaten to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed?
15 U.S.C. 1692e(9);
see 5.5.12, supra.
Does the communication simulate or falsely represent the document to be authorized, issued, or approved by any court, official, or agency of the United States or state government?
15 U.S.C. 1692e preface and e(10);
see 5.5.2, 5.5.2.3, supra.
Has the debt collector used any other false, deceptive, or misleading representation or means in connection with the debt collection?
15 U.S.C.1692f(2)-(4);
see 5.6.4, supra.
Has the debt collector accepted, solicited, deposited, or threatened to deposit any post-dated check in violation of the Act?
15 U.S.C. 1692f(5);
see 5.6.5, supra.
Has the debt collector caused any charges to be made to the consumer, like collect telephone calls?
15 U.S.C. 1692f(7);
see 5.6.7, supra.
Has the debt collector communicated by postcard?
15 U.S.C. 1692f(8);
see 5.6.8, supra.
Is there any language or symbol other than the debt collector's address on the envelope that indicates that the communication concerns debt collection?
15 U.S.C. 1692d(5);
see 5.4.6, supra.
Has the debt collector caused the phone to ring repeatedly or at unreasonable times of the day?
15 U.S.C. 1692d(6);
see 5.4.7, supra.
Has the debt collector placed telephone calls without disclosing his/her identity?
15 U.S.C. 1692d preface;
see 5.4.1, supra.
Has the debt collector engaged in any other conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of the alleged debt?
15 U.S.C. 1692c(a)(1);
see 5.3.2, supra.
Has the debt collector communicated with the consumer at any unusual time or place known or which should have been known to be inconvenient to the consumer?
15 U.S.C. 1692c(a)(3);
see 5.3.4, supra.
Has the debt collector contacted the consumer's place of employment when the debt collector knows or has reason to know that the consumer's employer prohibits such communications?
15 U.S.C. 1692c(c);
see 5.3.8, supra.
Has the debt collector contacted the consumer after the consumer has notified the debt collector in writing that the consumer disputes and refuses to pay the debt, or that the consumer wished the debt collector to cease further communication?

 

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