FALSE OR MISLEADING DEBT COLLECTION TACTICS

Federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA for short) prohibits a debt collector from using false, deceptive, or misleading representation or tactics when trying to collect a debt.

The list of prohibited conduct includes:

  • The false representation or implication that the debt collector is affiliated with the government;
  • The false representation of the character, amount, or legal status of any debt;
  • The false representation that an individual is an attorney or that a communication is from an attorney;
  • The representation or implication that nonpayment of any debt will result in arrest or imprisonment;
  • The threat to take any action that cannot legally be taken or that is not intended to be taken;
  • The false representation or implication that the consumer committed a crime;
  • Communicating or threatening to communicate credit information which is known to be false;
  • The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer;
  • The failure to disclose that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose;
  • The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

This list is expressly non-exhaustive and the prohibition against false and misleading debt collection tactics can be generally applied to any conduct that is false or misleading.

The Law Offices of Robert J. Nahoum routinely represents consumers who have been the victim of false or misleading debt collection tactics.  In appropriate case, we sue debt collectors and debt collection law firms in Federal District Court for violations of the FDCPA.  Because the FDCPA is fee shifting (meaning that the debt collector pays our legal fees), we don’t charge our FDCPA clients a penny out of pocket.

If you have questions, concerns, or legal needs regarding false or misleading debt collection practices, we urge you to contact The Law Offices of Robert J. Nahoum, P.C. today by calling 845-232-0202.