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Misleading Statements by Debt Collectors

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It should be common sense that debt collectors cannot use illegal tactics to try to collect a debt.  In fact, the Fair Debt Collection Practices Act (FDCPA) specifically prohibits debt collectors from using false and misleading statements to get their money.  That law specifies specific conduct that is prohibited:

  • Falsely stating or even implying that they are affiliated with the United States or any State
  • Falsely representing the amount, legal status or character of your debt
  • Falsely representing that the debt collector is a lawyer, or that any of their communications are from a lawyer
  • Falsely representing that non-payment of any debt will result in your arrest or imprisonment, or that they will seize or sell any of your property
  • Threatening that they will take any action against you that they cannot legally take or which they do not intend to take
  • Falsely representing that you committed a crime in order to disgrace, harass or humiliate you
  • Communicating or threatening to communicate credit information that is false, including Failing to indicate that you have disputed the debt if you have actually disputed it
  • Failing to disclose in their initial communication to you that they are attempting to collect a debt and that any information will be used for that purpose
  • Failing to state in every communication that the communication is from a debt collector
  • Using a fake business name, or falsely implying that they are employed by a credit reporting agency

This list is not comprehensive, as it seems that unscrupulous debt collectors never fail to find new ways to use false and misleading statements to try to collect a debt.  I hear about many of these tactics from consumers.  If you believe that a debt collector has violated the law by using any of these prohibited tactics, I would be happy to speak to you at any time, including evenings and weekends.  If it’s more convenient for you, just click on this link, to send us a message at any time.