The Fair Debt Collection Practices Act (FDCPA) lists several things that a debt collector is not allowed to do when trying to collect a valid debt. The law limits how a debt collector can contact you and the things that can be included in their communication. The law is clear that false and misleading statements are forbidden. It also describes a number of other tactics that you may not have been aware of. Here’s Part 2 on false and misleading statements from a debt collector.
9. Falsely claiming or suggesting that a written communication is from a court of law. Debt collectors are not court employees. They are also not judges or magistrates. Falsely claiming or implying that they have been authorized by the court to send out a letter is not permitted by the law. A debt collector may use this tactic in order to confuse or coerce you into paying.
10. Using deception to try to collect a debt or to get information about you from others. The use of deceptive tactics to collect a debt is forbidden by the FDCPA. This can include leaving out key information or telling half-truths. A collector is also not allowed to use those tactics to get information about you. This behavior is sometimes seen when a collector cannot locate you, so they begin contacting your friends and family.
11. Failing to disclose in their communication to you that they are a debt collector. If you are being contacted either in writing or over the phone concerning a debt, the collector must tell you who they are and that they are attempting to collect a debt. They must also tell you that any information that they get from communicating with you will be used for the purpose of collecting a debt. The only time where they do not need to do this is in their court filings if they bring a legal action against you.
12. Falsely claiming that your debt has been sold to an innocent purchaser. Often more than one party may have claim to a debt. Some collectors may tell you that they are collecting the debt on behalf of someone who has innocently purchased your debt. An innocent purchaser is someone who was not aware of any competing claims concerning the debt at the time they bought it. A collector may falsely tell you that they are collecting on behalf of an innocent purchaser in order to get you to pay the entire amount to the party that they are collecting for. Doing so can be considered a violation of the FDCPA.
13. Falsely claiming that written communication counts as legal service. You have probably heard the phrase “you’ve been served” before. Legal service is basically written notice that a legal action has been filed against you. Collectors cannot falsely claim that something they sent you counts as legal service when they know that it does not.
14. Using a business, company, or organization’s name that is not the true name of the debt collector. If a debt collector sends you a letter or calls you on the phone and uses a fake name, this is clearly a violation of the FDCPA. They may do this to gain your confidence and trick you into paying something you normally would not have.
15. Falsely telling you that documents are not legal service in order to stop you from taking action. A debt collector may sue you for an unpaid balance. If they do so, then they will need to provide you with notice of the lawsuit. This is generally done through serving you with court documents. But if the collector lies and tells you that the documents were not a notice to a lawsuit when in fact they were, then they have violated the FDCPA. The reason a debt collector may do this is so you do not respond to the lawsuit. This can result in you losing the case.
16. Falsely claiming to be employed by a consumer reporting agency. Consumer reporting agencies are also known as credit reporting agencies. Equifax, Experian, and Transunion are the most commonly known credit reporting agencies. As you may know, these are the agencies that report and calculate your credit score. A debt collector that falsely claims to be working for a credit agency is in violation of the law.
How To Handle False Or Misleading Statements From A Debt Collector
If you believe that a debt collector has used any of the tactics described above, then you may be entitled to damages. Under the FDCPA, debt collectors that break the law may be forced to pay you for the harm that they have caused. The amount you can collect will be determined by the law and the judge that hears your case. If your rights have been violated by a debt collector, it is important that you act fast in order to get what you deserve. Consumer protection attorneys specialize in these sorts of cases and may even take your case with no charge to you.
Consumer Protection Attorneys
Some debt collectors will seemingly do anything to challenge you about an outstanding debt, including making false or misleading statements about your situation. If you have been lied to, harassed, threatened or otherwise mistreated by a debt collector, then you should reach out to a consumer rights lawyer for guidance and direction. The knowledgeable consumer rights lawyers at The Law Office of Simon Goldenberg can help you determine your best legal options. We have extensive experience representing consumers against bad debt collectors, and can help ensure that they fairly compensate you for violating the law. To learn more about how The Law Office of Simon Goldenberg can help you, call (888) 301-0584 or contact us online.