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scribd debt collection letter.docx

scribd debt collection letter.docx

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11/13/2013

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YOUR NAME: LAST NAME, FIRST YOUR ADDRESS

DEBT COLLECTOR NAME DEBT COLLECTOR ADDRESS February 17, 2013

Re: VIOLATION OF THE FEDERAL DEBT COLLECTION PRACTICES ACT AND FCCPA §559.72
Dear DEBT COLLECTOR NAME, You are not a party to the contract between YOUR NAME and CORPORATION ACTUALLY OWED DEBT, and you have called Your name and/or the workplace of Your name several times to collect for a debt that is not owed to you, in violation of: THE FEDERAL DEBT COLLECTION PRACTICES ACT - 15 USC § 1692c (b) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. You are also in violation of 15 USC § 1692d: A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (a) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of— (1) any actual damage sustained by such person as a result of such failure;

72. but not exceeding $1. And/or (7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family.77 Civil remedies. In any class action lawsuit brought under this section. unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. award punitive damages and may provide such equitable relief as it deems necessary or proper. the court shall consider the nature of the defendant's noncompliance with s.-(1) A debtor may bring a civil action against a person violating the provisions of s. IF THEY USED AUTOMATED CALLING: . in its discretion.000. the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs. together with court costs and reasonable attorney's fees incurred by the plaintiff.559. the defendant shall be liable for actual damages and for additional statutory damages of up to $1. In determining the defendant's liability for any additional statutory damages. such additional damages as the court may allow. the costs of the action. or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.-(4) Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor.(2) (A) in the case of any action by an individual. the frequency and persistence of such noncompliance. but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment. 559.000. (2) Upon adverse adjudication. You are also in violation of: FLORIDA CONSUMER COLLECTION PRACTICES ACT PART IV .72 in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred. 559.CONSUMER COLLECTION PRACTICES (FCCPA) 559. together with a reasonable attorney’s fee as determined by the court. the court may award additional statutory damages of up to $1. The court may.000 for each named plaintiff. and the extent to which such noncompliance was intentional.72 Prohibited practices generally. (3) in the case of any successful action to enforce the foregoing liability. including enjoining the defendant from further violations of this part.

You claim a debt which for which you have produced no contract or signature of the alleged debtor. you may be liable for well over $102. and in court you may be liable for additional thousands of dollars. you are also in violation of: 47 USC § 227 . You have repeatedly called and sent letters to Your name and/or Your name’s workplace NAME in violation of THE FEDERAL DEBT COLLECTION PRACTICES ACT . . plus court costs and attorney’s fees. You have also violated 47 USC § 227 and are liable for $500 to $1500 per automated call. if otherwise permitted by the laws or rules of court of a State. the court may. or any person outside the United States if the recipient is within the United States— (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice— (3) Private right of action A person or entity may. and which you are not a party to.By calling Your name’s phone with an automated machine.15 USC §1692(d) and THE FLORIDA CONSUMER COLLECTION PRACTICES ACT §559. in its discretion. bring in an appropriate court of that State— (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation. and you have called Your name’s phone through an automated machine approximately 100 times. In court. (B) an action to recover for actual monetary loss from such a violation. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection. whichever is greater.Restrictions on use of telephone equipment (b) Restrictions on use of automated telephone equipment (1) Prohibitions It shall be unlawful for any person within the United States. The Supreme Court and Florida Law also allow for punitive damages in this case.72. increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. or to receive $500 in damages for each such violation.000 in damages. and are liable for up to $2000 in statutory damages.

You may send a check for $51.I am willing to settle for half of the statutory damages. Best regards.000 to the above listed address. Your first name: of Your last name family .

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