prohibited collection
practices
What types of debt collection practices
are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse
you or any third parties they contact.
For example, debt collectors may not:
use threats of violence or harm
publish a list of consumers who refuse to
pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone
to annoy someone.
False statements. Debt collectors may not use any false
or misleading statements when collecting a debt.
For example, debt
collectors may not:
falsely imply that they are attorneys or government
representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit
bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when
they are not; or
indicate that papers being sent to you are not legal forms
when they are.
Debt collectors
also may not state that:
you will be arrested if you do not pay your
debt;
they will seize, garnish, attach, or sell your property
or wages, unless the collection agency or creditor intends
to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when
such action legally may not be taken, or when they do not
intend to take such action.
Debt collectors may not:
give false credit information about you to
anyone, including a credit bureau;
send you anything that looks like an official document from
a court or government agency when it is not; or use a false
name.
Unfair practices
Debt collectors may not engage in unfair practices
when they try to collect a debt.
For example, collectors
may not:
collect any amount greater than your debt,
unless your state law permits such a charge
deposit a post-dated check prematurely
use deception to make you accept collect calls or pay for
telegrams
take or threaten to take your property unless this can be
done legally
or contact you by postcard.
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