Credit and Bankruptcy Law

Debt Collectors and the Law

What other conduct does the FDCPA prohibit?

It prohibits “false and misleading representations” by debt collectors. This includes false communications that an individual is an attorney, affiliated with the U.S. government, misstating the amount of a debt, falsely stating that a consumer committed a crime, or representing that nonpayment of a debt will result in the “arrest or imprisonment of any person.” False and misleading speech by debt collectors also includes the use of a business name or company other than the true name of the debtor, the implication that a debt collector works with a credit reporting agency and “the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.”

The act also lists a host of “unfair practices,” which include depositing or threatening to deposit a postdated check early, the collection of interest not provided for by law, communicating with debtors by postcards, and using any language or symbol other than the debt collector’s address when communicating with a consumer by mail.


This is a web preview of the "The Handy Law Answer Book" app. Many features only work on your mobile device. If you like what you see, we hope you will consider buying. Get the App