When you owe a debt, being contacted by a debt collector can be a frustrating and overwhelming experience. These individuals are notoriously persistent and will do everything in their power to recover the funds they own. However, some of the methods used by debt collectors to recover these funds violate the terms and conditions of the Fair Debt Collection Practices Act (FDCPA), including lying or presenting false information about the debt you owe. As such, understanding what rules these collectors must adhere to, as well as the most common ways in which misrepresentation occurs, is critical. The following blog explores what you must know about these matters, including the importance of contacting a San Diego County debt collection harassment lawyer to help you understand your legal options in this matter.
What Rules Must Debt Collectors Adhere To?
When a debt is sent to collections, it means that the original creditor has sold the debt, often for pennies on the dollar of what it’s worth, to a third party. This entity, whether an individual debt collector or a collection agency, will then pursue you for the debt you owe that they purchased. However, it’s critical to understand that third-party debt collectors must operate under a strict set of laws to ensure that consumers have protection from unfair, abusive, and manipulative acts.
The Fair Debt Collection Practices Act (FDCPA) was established to ensure that collectors have a strict set of standards they must adhere to when interacting with debtors. Common terms and conditions they must adhere to include, but are not limited to, the following:
- Refraining from calling outside of permissible hours (8 a.m. to 9 p.m.)
- Refraining from speaking about the debt with anyone other than the debtor or their attorney
- Placing repeated calls in a short period of time
- Misrepresenting the debt
- Misrepresenting themselves
- Using vulgar, obscene, or threatening language
What Are Common Ways in Which Misrepresentation Occurs?
One of the most common ways in which a debt collector will misrepresent themselves is as law enforcement or an attorney. Debt collectors are legally required to identify themselves as anything other than a debt collection agency. Additionally, they cannot threaten to have you arrested or have your property seized over a debt you owe.
It’s imperative to understand that collectors can also misrepresent the debt they are collecting. Often, they may add their own fees or alter the amount of debt owed so they can recover more than what is actually owed. As such, if you believe this is occurring, you should seek a debt validation letter. This will provide information regarding the origins of the debt, which you can then compare to your records. If the debtor has altered your debt, this is a violation of the FDCPA.
If you believe a debt collector has lied to you about who they are or the funds that you owe, it is critical to connect with an experienced attorney as soon as possible. Not only can they assist you in navigating your legal options regarding the debt you owe, but they can also help you file a claim against the debt collector for the violations you’ve endured.
At Barthel Legal, we understand how complicated these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome for your unique needs. When you need help, contact our firm to learn how we can represent you.
