If you are just one payment behind and they call you and indicate they want to know when you are going to make a payment is it law that they first have to tell you the phrase this is an attempt to collect a debt first
Personal Injury Lawyer
Under the FDCPA, debt collectors (who are not the original owner and obtained the debt after it went into default) are required to notify the debtor that the call is an attempt to collect a debt. If this is during a phone call, it is usually either after the confirm that they are speaking with the debtor or in a pre-recorded message at the beginning before anyone picks up the call.
If the person calling you was the original debt holder, they do not fall under the FDCPA. However, they would have to conform to your state's collection laws.
If you believe your rights have been violated, you should obtain a free consultation with a local consumer law attorney ASAP as FDCPA claims have a 1 year statute of limitations.
2 lawyers agree
Family Law Attorney
They would have to tell you that IF they were an actual collection agency. If you are only 1 payment behind, I doubt it was an actual collection agency - it was probably the collection office for the actual creditor. They are not covered by the FDCPA and don't have to tell you anything like that.
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1 lawyer agrees
Lawsuit / Dispute Attorney
The Fair Debt Collection Practices Act (FDCPA) states:
§ 807. False or misleading representations [15 USC 1692e]
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
So, if they are "debt collectors" under the Act, then they must comply with this section. The original creditor though is not considered a debt collector and does not have to comply with the FDCPA.