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Is this debt collector misrepresentation?

On Behalf of | Aug 27, 2022 | Bankruptcy

When debt collectors try to collect, they have to abide by the rules set down by the Fair Debt Collection Practices Act (FDCPA).

However, some of them do not abide by these rules and will instead make illegal choices in an attempt to get their money faster. This can include attempting to misrepresent something in order to get someone in debt to act in a quicker way.

Self-misrepresentation

The Consumer Financial Protection Bureau talks about debt collector misrepresentation. What is this? In short, it is where a debt collector misrepresents some part of the case in question.

For one, the debt collector could misrepresent himself or herself, or misrepresent one of their colleagues. The most common example of this involves a debt collector pretending that they are a lawyer or have one on the team when the supposed lawyer is just another debt collector.

Misrepresenting the debt

Another example of misrepresentation involves a debt collector lying about or exaggerating the amount owed. This often manufactures a sense of urgency that would not otherwise be there, forcing those in debt to act against their best interests in an attempt at paying the debt off faster.

Police misrepresentation

Of course, another popular example includes misrepresentations involving the police. In many cases, police actually do not get involved with debt collection. However, many collectors will use the threat of arrest or eviction to spook someone into taking fast action.

Any form of misrepresentation is not legal, so anyone facing these actions can consider taking action against the debt collectors enacting it. This allows for self-protection during a difficult time.