Falling into debt can be upsetting and overwhelming. Unfortunately, matters may be made even worse if you are harassed by a debt collector looking for the funds you owe. If this represents your circumstances, it’s imperative to understand your legal options, as the behavior exhibited by the collector may violate the laws established to protect you. In fact, one of the most common violations you may be subjected to is misrepresentation. The following blog explores what it means if a collector misrepresents themselves, the laws they must adhere to, and the importance of working with a California debt collection harassment lawyer to explore your legal options.
What Laws Must Debt Collectors Adhere To?
In California and across the United States, debt collectors must adhere to the federal laws enacted to help protect consumers. Unfortunately, debt collectors often resort to unfair, abusive, and manipulative tactics to recover the funds they are owed, so as a means of protecting consumers, the federal government enacted the Fair Debt Collection Practices Act (FDCPA). This law outlines prohibited behaviors that third-party debt collectors cannot engage in, and the violations they can face for doing so.
As such, some of the most common actions prohibited under this law include, but are not limited to, the following:
- Placing repeated phone calls over a short period of time
- Calling outside of permitted hours, typically 8 a.m. to 9 p.m.
- Using obscene or vulgar language
- Making threats
- Discussing your debt with anyone other than you or your attorney
- Calling you at your place of work after telling them you cannot take personal calls on the job
- Publicly publishing your name as a debtor
- Misrepresenting themselves or the debt they are collecting
FDCPA violations are serious offenses that can result in legal action against the creditor. This often results in the recovery of statutory damages for each violation that has occurred, typically up to $1,000.
What Are Examples of Misrepresentation?
Unfortunately, one of the most common violations that debt collectors perpetrate is misrepresentation. This occurs when a debt collector fails to identify themselves as a debt collector, most commonly presenting themselves as a member of law enforcement or an attorney. In fact, they may go so far as to threaten to arrest you if you do not pay the debt you owe. It is critical to understand that you cannot be placed under arrest or have criminal charges filed against you for an outstanding debt. Additionally, a creditor posing as an attorney can not threaten to file a lawsuit against you.
Unfortunately, misrepresentation of themselves is not the only way in which debt collectors take advantage of and manipulate consumers. A collector may also lie about the debt you owe. For example, they may increase the principal amount of the debt to make it appear as though you owe more than you actually do. Similarly, they may add extra fees or increase interest rates, which means you can end up paying more in the long term.
If you believe that you are a victim of an abusive debt collector, it is imperative to connect with an experienced attorney with Loker Law, APC. Our firm understands how overwhelming these matters can be to navigate, which is why we will do everything in our power to help you recover the compensation you deserve while also working to help you handle the debt you owe. Contact us today to learn more.
