Section 807 of the Fair Debt Collection Practices Act (15 USC 1692e) provides, in part, as follows:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."
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The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
Legal rights when dealing with debt collectors Under the Australian Consumer Law, a debt collector must not: use physical force or coercion (forcing or compelling you to do something) harass or hassle you to an unreasonable extent. mislead or deceive you (or try to do so)
Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.
Yes, you may be able to sue a debt collector or a debt collection agency if it engages in abusive, deceptive, or unfair behavior. A debt collector is generally someone who buys a debt from a creditor who, for whatever reason, has been unable to collect from a consumer.
If the overall impression left by a business's advertisement, promotion, quotation, statement or other representation creates a misleading impression in your mindsuch as to the price, value or the quality of any goods and servicesthen the behaviour is likely to breach the law. There is one exception to this rule.
Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).
Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.
You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.
Harassment of the debtor by the creditor More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
