False representation isn’t just when a debt collector assumes a false identity, but it also applies to documents related to the collection. According to the Fair Debt Collection Practices Act, the “use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer” is against the law. That can include anything from the makeup, amount, or legal status of the debt. It can mean whether the false information is targeted to the debtor, or someone who is contacted by the debt collector to find the debtor.
Here are some of the more common false documentation practices as discussed in the law:
“The use or distribution of any written communication which simulates or is falsely represented to be a document 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.
The false representation or implication that accounts have been turned over to innocent purchasers for value.
The false representation or implication that documents are legal process.
The use or distribution of any written communication which simulates or is falsely represented to be a document 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.”
Deceptive practices of falsifying documents are illegal across the board, but debt collectors’ practices can be especially predatory. The law was enacted to protect consumers from these common tactics. You should always get everything in writing, and hold onto the documentation if you feel you’ve been duped. The attorneys at Lemberg & Associates want you to know that you have recourse if a debt collector has violated the law. You are allowed to sue for damages, and you can be awarded $1,000. Our attorneys would be honored to help you seek justice.
