The Fair Debt Collection Practices Act (FDCPA) makes unlawful false or misleading representations made by debt collectors. The purpose of this article is to explain what false and misleading representations are, and inform consumers of their legal rights under the FDCPA. If you have been the victim of false and misleading representations, contact an experienced New York debt collection attorney. A skilled attorney will put a stop to these illegal tactics, prevent future illegal communications from debt collectors, , and, if necessary, bring a legal claim against the debt collector.
Debt Collectors have to abide by certain rules & regulations of the FDCPA when they communicate with a consumer. Under the law, a debt collector may not claim to be law enforcement, or imply that he or she is somehow affiliated with a state or federal agency. Such a claim is a false or misleading representation.
Secondly, a debt collector is prohibited from falsely representing the sum of money you owe, or the portion of compensation that the collector or the collector’s agency will receive in conjunction with collection of the debt.
Third, a debt collector is prohibited from falsely claiming to be an attorney or relaying a communication from an attorney.
Fourthly, a debt collector is prohibited from falsely claiming that a consumer will be jailed or have property seized, or that the consumer has committed a crime. All of these claims are examples of false or misleading representations. The reason Congress enacted the FDCPA in 1977 to outlaw these types of representations and other abusive debt collection practices is because of their harmful toll on lives of Americans. The prevalence of these loathsome practices in 20th century harmed the U.S. economy by contributing to job losses, personal bankruptcies, and family instability. By curbing these contemptuous practices, the FDCPA protects American consumers and the American economy.
There are still more illegal false and misleading representations made by debt collectors. For example, a collector may not communicate false credit-related information. In addition, a collector is prohibited from sending documents that are made to appear like they are from a court or attorney when they’re not. This is a classic form of misrepresentation. Don’t fall for it, and don’t put up with.
Reach out to an experienced New York debt defense attorney to protect your rights and hold abusive debt collectors accountable for their law-breaking tactics. Be sure to let your attorney know if you have been the victim of profane language or threats. Also be sure to inform your attorney of any inconvenient times, such as late at night or early in the morning, that you were contacted by a debt collector. Do the same if you have been repeatedly harassed by a debt collector through constant calls. The law is on your side. The FDCPA is there to protect consumers, and an experienced New York debt defense attorney will invoke the law in your favor and in your defense.