A deceptive collection practice that is considered illegal under the Fair Debt Collection Practices Act that regulates “creditors” is the practice of creating deceptive forms.
According to the law, forms that have been designed, compiled and/or furnished to create the false belief that a person other than the creditor is collecting on the debt.
The FDCPA defines the term “creditor” as any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.” In other words, the creditor is the originator of the loan, such as a bank or credit card company.
If a creditor issues a form or letter either stating or implying that it is from somebody else, that practice is illegal. It’s also illegal for an individual to create false debt collection forms, and that person is liable under the FDCPA to the same extent as a debt collection agency or creditor.
If you’ve received a fake form that’s intent is to make you believe that someone other than the creditor of your loan or debt is collecting, it is illegal and you have recourse. The attorneys of Lemberg & Associates can aide you in getting the compensation that’s awarded you under the law.
