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Fair Debt Collection Practices Act
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#807.
False or misleading representations [15 USC 1962e]
A debt collector may
not use any false, deceptive, or misleading representation or means in
connection with the collection of any debt. Without limiting the general
application of the foregoing, the following conduct is a violation of this
section:
(1) The false
representation or implication that the debt collector is vouched for,
bonded by, or affiliated with the United States or any State, including
the use of any badge, uniform, or facsimile thereof.
(2) The false
representation of --
(A) the
character, amount, or legal status of any debt; or
(B) any services
rendered or compensation which may be lawfully received by any debt
collector for the collection of a debt.
(3) The false
representation or implication that any individual is an attorney or that
any communication is from an attorney.
(4) The
representation or implication that nonpayment of any debt will result in
the arrest or imprisonment of any person or the seizure, garnishment,
attachment, or sale of any property or wages of any person unless such
action is lawful and the debt collector or creditor intends to take such
action.
(5) The threat to
take any action that cannot legally be taken or that is not intended to be
taken.
(6) The false
representation or implication that a sale, referral, or other transfer of
any interest in a debt shall cause the consumer to --
(A) lose any
claim or defense to payment of the debt; or
(B) become
subject to any practice prohibited by this title.
(7) The false
representation or implication that the consumer committed any crime or
other conduct in order to disgrace the consumer.
(8) Communicating
or threatening to communicate to any person credit information which is
known or which should be known to be false, including the failure to
communicate that a disputed debt is disputed.
(9) The use or
distribution of any written communication which simulates or is falsely
represented to be a document authorized, issued, or approved by any court,
official, or agency of the United States or any State, or which creates a
false impression as to its source, authorization, or approval.
(10) The use of
any false representation or deceptive means to collect or attempt to
collect any debt or to obtain information concerning a consumer.
(11) The failure
to disclose in the initial written communication with the consumer and, in
addition, if the initial communication with the consumer is oral, in that
initial oral communication, that the debt collector is attempting to
collect a debt and that any information obtained will be used for that
purpose, and the failure to disclose in subsequent communications that the
communication is from a debt collector, except that this paragraph shall
not apply to a formal pleading made in connection with a legal action.
(12) The false
representation or implication that accounts have been turned over to
innocent purchasers for value.
(13) The false
representation or implication that documents are legal process.
(14) The use of
any business, company, or organization name other than the true name of
the debt collector's business, company, or organization.
(15) The false
representation or implication that documents are not legal process forms
or do not require action by the consumer.
(16) The false
representation or implication that a debt collector operates or is
employed by a consumer reporting agency as defined by section 603(f) of
this Act.
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