FAQ: So what can a debt collector not do?

Ah, the crux of the issue. What practices are prohibited by these acts? Well, there are a lot, but here are the main areas of violation.

Debt collectors may not

• tell you they are attorneys;
• misrepresent the amount of the debt;
• tell you they work for a credit bureau;
• lie about papers either being legal documents when they are not or not being legal documents when they are;
• tell you that you have committed a crime;
• tell you that you will be arrested for not paying the debt;
• tell you that they will take actions against you (ie suing you, garnishing your wages, etc...) that they do not intend to do;
• give false credit information about you to anyone;
• use a false name;
• participate in unfair practices. (These will be discussed in future posts.)

If a debt collector participates in these acts, you need to talk to an attorney about your rights. It may not always be worthwhile to pursue a claim, but you should learn your rights.

Comments

[Questioning]

There is a new practice in which collectors use spoof caller ID information so that the telephone number that appears on your caller ID is, for example, your own telephone number or any other number they may choose. Isn't this a violation of the FDCPA because it is misleading the person they are calling about who is calling them?