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The Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. §1962) is a federal law enacted in 1978 to protect consumers from debt collector harassment and abuse. The law clearly outlines collection practices that are considered unfair, abusive, and deceptive.

Who Is Considered a Creditor under the FDCPA?

The FDCPA defines a creditor as the person or entity that extended you the credit in the first place (original lender). Since the FDCPA is designed to protect debtors against third party debt collectors, it does not apply to an original creditor or its employees.

However, there is an exception to this rule. When collecting its own debts, a creditor will not be exempt from the FDCPA if it uses a different name that implies a third party is attempting to collect the debt.

http://www.nolo.com/legal-encyclopedia/what-i ... r-creditor.html

Know your FDCPA rights!
Whether you are receiving phone calls, letters, or have been sued, you have rights under the FDCPA. Even if you owe the debt and cannot pay it or dispute the amount claimed, debt collectors must comply with the law. Debt collectors are required to provide you with accurate information, produce proof of the debt upon request, and may never engage in intimidation or harassment.

Under the FDCPA, debt collectors cannot:
Call you if you have told them to stop.Call you at all, once notified that you are represented by an attorney.Call your family, friends, co-workers, or anyone else to discuss the debt.Call you before 8:00 am or after 9:00 pm, unless you have granted permission beforehand.Call you at any time or place which is inconvenient for you to receive such calls.Harass you by calling repeatedly.When calling family or friends, collectors may only call once, and only to request information on how to locate you.Lie or falsely imply, in any communication, that the collector is a government agency, is serving you with papers, that you are subject to arrest, or that you have committed a crime.Provide untruthful information about the debt or the amount owed.Threaten to harm you.Threaten to seize your paycheck, bank accounts, or property.Use obscene language in communicating with you.Publish your name on a "bad debt list" (except to a credit rating agency).Fail to identify themselves as debt collectors in every communication.Demand your social security number, credit or debit card number, or bank account number.Fail to inform you that any information provided to them will be used to collect the debt.Attempt to collect a debt that is so old that it is beyond the statute of limitations, unless the consumer is told.
Debt collectors must give you the following information upon request:
The amount of the debt.The name of the creditor to whom you allegedly owe the debt.A verification letter sent within five days of the first communication with the consumer.
The verification letter must explain that, unless the consumer disputes the validity of the debt (or any portion thereof) within 30 days after receipt of the notice, the debt will be assumed to be valid by the debt collector.The letter must say that, if the consumer notifies the debt collector in writing within the 30-day period that the debt (or any portion thereof) is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer. In turn, a copy of such verification or judgment will be mailed to the consumer by the debt collector.The letter must say that, upon the consumer's written request within the 30-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
https://www.ftc.gov/enforcement/rules/rulemak ... ctices-act-text

To file a complaint: https://www.ftccomplaintassistant.gov/#&panel1-1

Also file a complaint with your state's attorney general: http://consumerfraudreporting.org/stateattorneygenerallist.php
and the Consumer Financial Protection Bureau: http://www.consumerfinance.gov/complaint/

Sign up for scam alerts: https://www.consumer.ftc.gov/scam-alerts

Lots of helpful FTC links: https://www.consumer.ftc.gov/topics/credit-and-loans
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12
Did you get a call from the "IRS"?

The IRS continues to warn consumers to guard against scam phone calls from thieves intent on stealing their money or their identity. Criminals pose as the IRS to trick victims out of their money or personal information. Here are several tips to help you avoid being a victim of these scams:

Scammers make unsolicited calls.  Thieves call taxpayers claiming to be IRS officials. They demand that the victim pay a bogus tax bill. They con the victim into sending cash, usually through a prepaid debit card or wire transfer. They may also leave “urgent” callback requests through phone “robo-calls,” or via phishing email.

Callers try to scare their victims.  Many phone scams use threats to intimidate and bully a victim into paying. They may even threaten to arrest, deport or revoke the license of their victim if they don’t get the money.

Scams use caller ID spoofing.  Scammers often alter caller ID to make it look like the IRS or another agency is calling. The callers use IRS titles and fake badge numbers to appear legitimate. They may use the victim’s name, address and other personal information to make the call sound official.

Cons try new tricks all the time.  Some schemes provide an actual IRS address where they tell the victim to mail a receipt for the payment they make. Others use emails that contain a fake IRS document with a phone number or an email address for a reply. These scams often use official IRS letterhead in emails or regular mail that they send to their victims. They try these ploys to make the ruse look official.

The IRS will not:
Call you to demand immediate payment. The IRS will not call you if you owe taxes without first sending you a bill in the mail.Demand that you pay taxes and not allow you to question or appeal the amount you owe.Require that you pay your taxes a certain way. For instance, require that you pay with a prepaid debit card.Ask for your credit or debit card numbers over the phone.Threaten to bring in police or other agencies to arrest you for not paying.If you don’t owe taxes, or have no reason to think that you do:
Do not give out any information. Hang up immediately.Do NOT return any calls.Contact TIGTA to report the call. Use their “IRS Impersonation Scam Reporting” web page. You can also call 800-366-4484.Report it to the Federal Trade Commission. Use the “FTC Complaint Assistant” on FTC.gov. Please add "IRS Telephone Scam" in the notes.If you know you owe, or think you may owe tax:
Call the IRS at 800-829-1040. IRS workers can help you.

https://www.irs.gov/uac/tax-scams-consumer-alerts

Information on US Treasury scams: https://www.treasury.gov/about/organizational ... rts_index2.aspx
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13
Did you get a call from the "CRA"?

If you receive a call saying you owe money to the CRA, you can call them or check My Account to be sure.

If you have signed up for online mail (available through My Account, My Business Account, and Represent a Client), the CRA will do the following:
send a registration confirmation email to the address you provided for online mail service for an individual or a business; andsend an email to the address you provided to notify you when new online mail is available to view in the CRA's secure online services portal.
The CRA will not do the following:
send email with a link and ask you to divulge personal or financial information;
Exception:
If you call the CRA to request a form or a link for specific information, a CRA agent will forward the information you are requesting to your email during the telephone call. This is the only circumstance in which the CRA will send an email containing links.ask for personal information of any kind by email or text message.request payments by prepaid credit cards.give taxpayer information to another person, unless formal authorization is provided by the taxpayer.leave personal information on an answering machine.When in doubt, ask yourself the following:
Did I sign up to receive online mail through My Account, My Business Account, or Represent a Client?Did I provide my email address on my income tax and benefit return to receive mail online?Am I expecting more money from the CRA?Does this sound too good to be true?Is the requester asking for information I would not provide in my tax return?Is the requester asking for information I know the CRA already has on file for me?
http://www.cra-arc.gc.ca/scrty/frdprvntn/menu-eng.html

CRA contact info: http://www.cra-arc.gc.ca/cntct/tso-bsf-eng.html

To file complaint or dispute: http://www.cra-arc.gc.ca/gncy/cmplntsdspts/menu-eng.html
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(323) 540-5590  +1 323-540-5590  3235405590  +13235405590