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Can a debt collection letter violate the FDCPA?

In the quest to collect a debt, one of the most common tools is the debt collection letter. However, the content of that letter must be carefully crafted in order to ensure it adheres to the Fair Debt Collection Practices Act (FDCPA). An article from InsideARM demonstrates how a novel attempt to collect a debt can land a debt collector in hot water.

More Than Just A Request For Payment Arrangements

"Request for payment arrangements." That is what the subject line of the letter read. The letter continued by asking the debtor to provide requested information if the debtor would like to pursue a repayment plan. The letter then asked the debtor to also sign an attached consent judgment, in order to acknowledge the debt.

The debtor sued the debt collector on the basis that the letter was a violation of the FDCPA because it attempted to trick the debtor into signing a consent judgment. A United States District Court Judge agreed and stated that a debtor "could be fooled into executing the consent judgment without knowledge of the consequences" simply because he or she wanted to explore a repayment plan.

Craft Debt Collection Letters With Care

If past due accounts are dragging you down and you are concerned about pursuing collection actions that are not only effective, but adhere to the FDCPA, you can benefit from enlisting an experienced collection agency.

At Telerecovery, we have more than 25 years of experience and a reputation for success in recovering past due accounts. From drafting and sending debt collection letters to pursuing other collection efforts, we will make certain that everything is aligned with legal requirements. We are committed to fast and efficient collection of your money.

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