DEBT COLLECTION DEFENSE
Fair Debt Collection Practices Act
The federal Fair Debt Collection Practices Act ("FDCPA") prohibits debt collectors from engaging in unfair, deceptive, and abusive debt collection practices.
The FDCPA imposes monetary penalties upon debt collectors who use false or misleading statements or actions when attempting to collect debt. For example, a debt collector may not:
falsely represent the character, amount, or legal status of a debt;
threaten to take any action that it cannot legally take;
falsely represent that an individual is an attorney, or that a document was sent by an attorney;
use a fictitious name when communicating with a consumer; or
falsely represent or imply that a consumer committed a crime or that non-payment will result in arrest.