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Laws > FDCPA (3)
- A debt collector cannot misrepresent who he/she is. The collector may not pretend that he/she is someone else or that he/she represents a business or agency that he/she does not. A collector cannot falsely imply that he/she is an attorney or government representative. They cannot indicate that forms or letters that are sent to you are legal forms if they are not.
- A debt collector may not offer false information to get you to pay a debt. In other words, a collector may not tell you or write to you advising that he/she is going to sue you, garnish your wages, or attach personal property if he does not actually have the intent to do so.
- A collector cannot falsely represent that they work for a credit bureau.
What to do if collection activity becomes unbearable:
In accordance with the FDCPA, if dealing with third party collectors becomes unbearable you may send a Cease and Desist Notification to them, which requires them to stop contacting you. Frustrated consumers do this when there is no end in sight to the constant calls and emotional distress that unrelenting collection attempts may be causing. When a debt collection agency receives a Cease and Desist Notification, they cannot communicate further with the consumer with respect to the debt:
Except:
- To advise the consumer that the debt collector’s efforts are being terminated
- To notify the consumer that the debt collector or creditor may invoke specific remedies which are ordinarily invoked by such debt collector or creditor: or
- Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specific remedy.
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