What The Fair Debt Collection Practices Act Prohibits
You’ve heard the stories. Maybe you’ve gotten the phone calls. Debt collectors shouting, shaming, and belittling consumers. It’s bad enough that you find yourself behind on your debts. I am still not convinced that people enter into contracts with the intention of the screwing over the other party. I’d like to believe that, at worst, what they’ve done is not think through the whole exchange and how all of the consequences of a contract. And don’t get me started with those credit card offers that come – unsolicited – in the mail. Imagine being unemployed, not having money to pay your bills, let alone feed your family, and not sending that application back.
No matter how you find yourself in this situation, it doesn’t mean that debt collectors should be able to use any means they like to try and collect the debt.
The federal and Colorado Fair Debt Collection Practices Acts restrict some of the things that collectors can say or represent in their debt collection efforts:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including:
(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.
(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a docu- ment 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.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency.
Talk To A Colorado Bankruptcy Attorney About How To Stop Debt Collectors
If you are being overwhelmed by phone calls from debt collectors, you should know that bankruptcy may provide the relief you know. We hope you’ll come in for a free consultation with an experienced bankruptcy lawyer. You can call 303.331.3403 or use our online scheduling system to set up an appointment.