As a consumer, it’s important to understand the laws in place to protect your rights. One of the most common issues faced is dealing with overbearing debt collectors. While many know that harassment from these individuals is against the law, they aren’t familiar with the laws surrounding debt collector misrepresentation. If you believe the debt collector who has contacted you lied, the following blog explores what you should know about these matters and why it’s in your best interest to connect with a San Diego County debt collection harassment lawyer who can help you through these complex issues.
What Is Debt Collector Misrepresentation?
When you are contacted by a debt collector, it’s important to understand that they have a set of rules and regulations they must adhere to to protect consumers. These laws, known as the Fair Debt Collection Practices Act (FDCPA), dictate how these collectors can interact with those who owe a debt. Unfortunately, this act is necessary due to the predatory, manipulative, and bullying behaviors collectors often engage in.
One prohibited behavior is misrepresentation. To get debtors to pay, debt collectors often lie about who they are or the debt in question. Examples of this include:
- A debt collector pretending to be an attorney
- A debt collector pretending to be a police officer
- Lying about the consequences of what will happen if you do not pay
- Lying about the amount of debt you owe
- Lying about interest rates or other fees that do not exist
How Does This Differ From Harassment?
At their core, harassment and misrepresentation by creditors have the same goal, which is to get the debtor to repay what they owe.
Though they overlap, harassment and misrepresentation are very different. Essentially, harassment is the intentional bullying and intimidation of debtors into paying funds, even if they cannot afford to or legally no longer have an obligation to do so. However, you’ll find that misrepresentation relies on coercion, manipulation, and deceit to get debtors to pay.
What Should I Do if My Rights Are Violated?
If you are the victim of a FDCPA violation, understanding your rights is critical. Generally, you’ll find that you can take legal action against the debt collector for violating your rights.
This includes fighting for Statutory damages you’ve endured because of the violations. For an FDCPA violation, you’ll find that you can recover up to $1,ooo per violation. However, you can also seek compensation for any economic damages endured and the cost of your attorney fees.
When you are the victim of unfair debt collection practices, it’s in your best interest to connect with an experienced attorney who can help you recover the compensation you are entitled to. At Barthel Legal, our dedicated legal team will do everything possible to assist you through these times. Connect with us today to learn how we can help you through these matters.
