When you are in debt, it can be incredibly overwhelming. However, when you are contacted by a debt collector, these matters can be even more frustrating. Unfortunately, debt collectors are notorious for bending the rules in order to recover the funds they are owed, so understanding the laws they must abide by is critical. One of the most common methods used by debt collectors is misrepresentation. If you are unfamiliar with what this is or what it looks like, you’ll want to keep reading. The following blog explores what you should know about these complicated matters and how a Los Angeles, California debt defense lawyer can assist you through these challenging times.
What Rules Are Debt Collectors Bound To?
Debt collectors are notorious for the methods they use to get the funds they are owed. As such, to protect consumers from unfair, manipulative, and abusive practices, the Fair Debt Collection Practices Act (FDCPA) was established. This law establishes what behavior is prohibited by debt collectors. Some common violations include, but are not limited to, the following:
- Calling outside of permissible hours, typically 8 a.m. to 9 p.m.
- Placing repeated phone calls in a short period of time
- Calling a debtor while they are at their place of work
- Speaking to others about someone’s debt
- Publishing someone’s name publicly as a debtor
- Misrepresenting themselves as anything other than a debt collector
- Misrepresenting the debt
Violations of the FDCPA are serious and can result in the collector facing liability for their actions.
What Are Common Forms of Misrepresentation by Debt Collectors?
Understanding what misrepresentation looks like is critical to ensuring that a debt collector is not violating your rights. Generally, debt collectors can misrepresent themselves as anything other than a collector, like a member of law enforcement, a state or federal official, or an attorney.
Additionally, collectors may misrepresent the debt, such as including additional fees, lying about how much of the debt will go to their agency, or lying about the initial owed amount.
If you suspect a debt collector is misrepresenting themselves or the debt you owe, it’s imperative to document these violations and connect with an experienced attorney. As mentioned, violations of the FDCPA can result in legal action against the creditor, such as seeking statutory damages for their actions.
If you are the victim of misrepresentation, it is imperative to connect with an experienced attorney with Los Angeles Legal Solutions as soon as possible. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you not only fight the harassment you’re facing, but defend against the debt in question. When you need help, our firm is here. Contact us today to learn more.
