What is a debt collector's responsibility to provide information?
In California, debt collectors have certain responsibilities when it comes to providing information. Under state law, debt collectors must provide full and accurate information regarding the status of a debt to a creditor or the debtor. This includes identifying the creditor and any potential assignees, the current balance of the debt, the original agreement, and the terms of repayment. In addition, debt collectors must provide the debtor with written notice of the amount of the debt, the name of the creditor, and other details of the debt prior to initiating collection efforts. This notice must be in writing and must be sent at least 30 days prior to initiating any legal action. Debt collectors are also prohibited from providing false or misleading information about the status of a debt. This includes providing inaccurate information about the amount due or the name of the creditor. They are also prohibited from providing false or misleading statements about the consequences of not paying a debt. Finally, debt collectors must comply with all provisions of the Fair Debt Collection Practices Act (FDCPA). This Act prohibits debt collectors from engaging in unfair, deceptive, or abusive practices when communicating with debtors. Examples of prohibited practices include using profane language or threats of violence, disclosing the existence of a debt to third parties, and attempting to collect on a debt that is past the statute of limitations.
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