If you are the victim of a collection agency such as LVNV Funding, you have rights that will allow you to fight back. Under the Fair Debt Collection Practices Act (FDCPA) there are over 100 statutes you can quote when you file a credit dispute or write a Validation of Debt letter to the agency.

Below is a list of some of the more effective statutes you can cite in your letter or when filing a lawsuit against an over aggressive debt collector.

Basic Definitions

§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt

§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes

§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers

 

Contacting Third Parties

§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information

§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business

§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney

Prohibited Communications Practices

§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm

§ 1692 c(B) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt

§ 1692 c© After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication
Harassment or Abuse

§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person

§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?

§ 1692 d(2) Profane language or other abusive language?

§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly

§ 1692 d(6) Placed telephone calls without disclosing his/her identity?
False or Misleading Representations in Communications

§ 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection

§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment

§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken

§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt

§ 1692 e(11) Communication fail to contain the mini-Miranda warning: “This is an attempt to collect a debt… communication is from a debt collector.”

§ 1692 e(12) Debt has been turned over to innocent purchasers for value

Unfair Practices

§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt

§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check

§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls

30 Day Validation Notice

§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

§ 1692 g(a)(1) Must state Amount of Debt

§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed

§ 1692 g(a)(3) Must state Right to Dispute within 30 Days

§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer

§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current
Creditor

§ 1692 g(B) Collector must cease collection efforts until debt is validated

Legal Actions

§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides

Deceptive Forms by Creditor

§ 1692 j Forms been designed, compiled and/or furnished to create the false belief that person is the debtor.

For debt validation specifics, give a credit law firm a call: 800-768-3386. The call is free and they can explain how debt validation works and how you can clear bad credit from your credit reports.