Feb 13, 2014
Failure to pay back a loan does not constitute "check fraud". Debt is civil, not criminal, so no, you are NOT going to jail. Making threats like this is a violation of federal law.
Per the FDCPA (the Fair Debt Collection Practices Act) - you should NOT pay any caller who refuses to MAIL a debt validation letter showing that you owe a debt and that the caller has the legal right to collect said debt. Refusal to mail this documentation within five days of the initial call is a violation of federal law. In fact, you shouldn't take the word of ANY caller - make them MAIL you proof of debt/proof they can collect as is your right. I would also question any collector who uses "extreme scare tactics" - that is illegal, per the FDCPA. Debt collectors bear the burden of proof to show that you actually owe them money - you don't have to prove anything.
http://800notes.com/forum/ta-86217073a9c8dad/ ... 077595690349410
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http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors
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http://www.deadiversion.usdoj.gov/pubs/pressreleases/extortion_scam.htm
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http://dfi.wa.gov/consumers/alerts/cashnet-payday.htm
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Extortion Scam Related to Delinquent Payday Loans
Washington, D.C.
December 07, 2010 FBI National Press Office
(202) 324-3691
— filed under: Press Release
The Internet Crime Complaint Center has received many complaints from victims of payday loan telephone collection scams. Callers claim the victim is delinquent in a payday loan and must repay the loan to avoid legal consequences. The callers purport to be representatives of the FBI, Federal Legislative Department, various law firms, or other legitimate-sounding agencies. They claim to be collecting debts for companies such as United Cash Advance, U.S. Cash Advance, U.S. Cash Net, and other Internet check-cashing services.
According to complaints received from the public, the callers have accurate data about victims, including Social Security numbers, dates of birth, addresses, employer information, bank account numbers, and the names and telephone numbers of relatives and friends. How the fraudsters obtained the personal information varies, but in some cases victims have reported they completed online applications for other loans or credit cards before the calls started.
The fraudsters relentlessly call the victim’s home, cell phone, and place of employment. They refuse to provide any details about the alleged payday loans and become abusive when questioned. The callers have threatened victims with legal actions, arrests, and, in some cases, physical violence if they do not pay. In many cases, the callers harass victims’ relatives, friends, and employers.
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Also read up on the laws and your rights:
http://800notes.com/arts/Jb8EW-eDhQA/harassin ... ou-need-to-know
http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ...
http://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf
For Extortion Scam Operations, file reports with the FBI, your state attorney general and Department Of Justice,FTC & FCC..
http://www.ic3.gov/default.aspx
http://www.fbi.gov/
https://www.ftccomplaintassistant.gov/#&panel1-1
https://esupport.fcc.gov/ccmsforms/form1088.action
http://www.consumerfinance.gov/complaint/