Are Debt collectors Being “False or Misleading” (a/k/a Full of Sh#t)?

By: Robert J. Nahoum

A man in suit and tie with his arms crossed.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 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.

If a debt collector violates the FDCPA, you can sue for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees.  In FDCPA cases, most good consumer lawyers don’t charge their clients a penny out of pocket.

The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202