Fox News talks about the FDCPA and nasty creditors
Date: Thu, 10/21/2010 - 07:39
This morning on Fox news they were discussing with Bob Massi (Ls Vegas Attorney) the proliferation of debt collectors and collection agencies abusing the laws in this time of financial foreclosures.
One of the key things in this discussion was the fact that if a collection agency or debt collector misleads you into believing they are some sort of a legal entity, I.E. with fancy misleading letterhead, verbal indications, etc., it is illegal, falls under the truth in advertising laws (false advertising) and should be reported to your states AG. They can prosecute for these violations.
This info may be of use for those of you who have received letters from creditors, PDL's etc., that use these tactics to collect. It could be a good card to weald at them should they try to use these scare tactics. :)
One of the key things in this discussion was the fact that if a collection agency or debt collector misleads you into believing they are some sort of a legal entity, I.E. with fancy misleading letterhead, verbal indications, etc., it is illegal, falls under the truth in advertising laws (false advertising) and should be reported to your states AG. They can prosecute for these violations.
This info may be of use for those of you who have received letters from creditors, PDL's etc., that use these tactics to collect. It could be a good card to weald at them should they try to use these scare tactics. :)
Interesting. Some further information posted on the California A
Interesting. Some further information posted on the California AG site about this topic of false identification.
A collector cannot pretend to be anyone except a collector and must tell the person who owes the debt that he or she is trying to collect the debt. Likewise, a collection agency cannot use any words or symbols in its notices to make the person who owes the debt think the notices are legal documents when they are not, or that they come from anyone other than a collection agency (15 USC Sections 1692b(1) and 1692(e); CC Sections 1788.11(c) and 1788.13; CCR Sections 627 and 628.5)
