When you are in debt and a collector contacts you, it can be unsettling. However, this anxiety can grow when the collector’s behavior escalates, and their actions may violate your rights as a consumer. As such, it’s important to understand what behaviors are prohibited and what you can do to protect yourself. If you believe you are a victim of behavior like debt collector misrepresentation, the following blog explores this in further detail and why it’s in your best interest to connect with a California debt collection harassment lawyer who can help you explore your legal options.
What Is Debt Collector Misrepresentation?
When most people think of prohibited behavior by a debt collector, the first thing that may come to mind is harassment. For example, if the collector calls you constantly at all hours of the day and night or uses vulgar or violent language when speaking to you, this is harassment.
However, debt collector misrepresentation is another form of prohibited behavior. Whereas harassment relies on intimidation and bullying to get those who owe funds to pay, misrepresentation occurs when a debt collector uses lies, deceit, and manipulation to get consumers to pay. Common tactics debt collectors use include, but are not limited to, the following:
- Pretending to be an attorney or member of law enforcement
- Pretending to sue you
- Lying about the amount you owe
- Lying about fines and fees associated with the debt
- Pretending to be associated with a credit reporting agency
- Faking letters that make it seem as though they are from a federal or state agency
Misrepresentation violates the Fair Debt Collection Practices Act (FDCPA). This is a set of rules that dictate how third-party debt collectors can interact with consumers, and misrepresentation is forbidden.
If you are contacted by a collector and you are unsure whether or not they are lying, it’s important to request a debt validation notice. Unfortunately, if you make a payment to the collector and your debt is past the statute of limitations, the clock resets meaning you can be held legally liable for a debt you previously had no obligation to make payments on.
What Should I Do if My Rights Are Violated?
If you are contacted by a debt collector who lies about their identity or your debt status, it’s important to understand what options you have. Generally, it’s in your best interest to pursue legal action against the individual for violating the FDCPA. Under this act, you can recover up to $1,000 in statutory damages per violation, and compensatory damages for any economic or non-economic losses you suffered because of their deceit.
However, pursuing compensation can be complex, so it’s in your best interest to connect with an experienced consumer attorney who can help you through these issues. At Loker Law, we believe those who violate the laws in place intended to protect consumers should be held liable for their actions. Connect with us today to learn how we can fight for you during these matters.
