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California Debt Blog: FAQ: So what can a debt collector not do?

January 4, 2007 by Jonathan Stein

Ah, the crux of the issue. What practices are prohibited by these acts? Well, there are a lot, but here are the main areas of violation.

Debt collectors may not

  • tell you they are attorneys;
  • misrepresent the amount of the debt;
  • tell you they work for a credit bureau;
  • lie about papers either being legal documents when they are not or not being legal documents when they are;
  • tell you that you have committed a crime;
  • tell you that you will be arrested for not paying the debt;
  • tell you that they will take actions against you (ie suing you, garnishing your wages, etc…) that they do not intend to do;
  • give false credit information about you to anyone;
  • use a false name;
  • participate in unfair practices. (These will be discussed in future posts.)

If a debt collector participates in these acts, you need to talk to an attorney about your rights. It may not always be worthwhile to pursue a claim, but you should learn your rights.

Categories: FAQ, FDCPA, Rosenthal FDCPA

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