FALSE OR MISLEADING CONDUCT BY A DEBT COLLECTOR
A debt collector is prohibited by federal law from engaging in conduct considered to be false, deceptive or misleading to any person. The law does not place a specific limit on the types of conduct that could be considered false, deceptive or misleading, but does provide specific examples of conduct that will constitute false and misleading behavior. These prohibited acts include:
- Misrepresentations by a debt collector that it is affiliated with the US government or state government entities;
- Falsely representing the amount of the debt;
- Falsely representing the legal status of a debt;
- Misrepresenting that a person affiliated with the debt collector is an attorney or that a communication is from an attorney;
- Stating or implying that failure to pay a debt will result in arrest or imprisonment;
- Stating or implying that failure to pay a debt will result in wage garnishment or seizure of property when the collector does not intend to do so or it is not lawful to do so;
- Threatening legal action that the collector does not intend to take or cannot lawfully do;
- Falsely indicating that a consumer committed a crime;
- Communicating false information about the debt to a third-party;
- Preparing written correspondence that falsely appears to be from a court or government agency;
- Misleading a consumer to believe that a court summons is not actual legal process or that the consumer does not need to respond;
- Falsely representing or implying that the debt collector operates or is employed by a consumer reporting agency;
- Using a business name that is not the actual name of the debt collector;
- Collecting fees or interest that were not agreed to in the original loan agreement.
Do You Need Help?
If a debt collector is engaging in any false or misleading conduct like the acts described above or any other conduct you consider harassing or abusive, Gorski Law may be able to help. Gorski Law can help to stop the debt collector's harassing conduct and obtain compensation for any harm you have experienced as result of the these prohibited acts. Initial consultations are always free. Call 215-330-2100 or email the firm to schedule a consultation now.