What is debt collector misrepresentation?

What is debt collector misrepresentation?

| May 25, 2021 | Firm News

When you struggle with debt, you will likely deal with a debt collector at some point. This unfortunately means you may have to contend with some unpleasant interactions. However, the Fair Debt Collection Practices Act (FDCPA) can protect you from the worst of it.

In addition to protection from harassment by debt collectors, it also protects you from debt collector misrepresentation. But just what is this, anyway?

Harassment vs. misrepresentation

The Consumer Financial Protection Bureau examines debt collector misrepresentation. This differs from harassment in several crucial ways. First of all, it often does not involve the use of direct, blatant threats or profanities. Debt collectors engaging in harassment will often go to extremes to get the reaction they want. The ones engaging in misrepresentative behavior often aim to use trickery or deceit to get their way, instead.

For example, it is common for debt collectors to pretend they have legal sway they do not. They may pretend to act in the capacity of an attorney. They may also act as though they have a warrant for your arrest or could easily get one even if that is not the case.

Threats without backing

Misrepresentation also counts any threat that happens without the intention or ability to follow through on it. As mentioned above, this often includes threats of arrest or threats to take legal action against you. It can also include threats to have you or your family evicted from your home even in situations where this is not possible.

If you face these issues, you can take action against the debt collector. Consider contacting legal help to learn more.