It’s not too difficult to figure out why this part of the law is illegal, but it may be very difficult to figure out who you’re really speaking to if a debt collector is posing as someone else. The Fair Debt Collection Practices Act covers this deception in a number of areas, but it boils down to this important statement in the beginning of section 807: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.”

This is further clarified by the specific identities that a debt collector is not allowed to assume when contacting you:

  • “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.
  • The false representation or implication that any individual is an attorney or that any communication is from an attorney.
  • The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
  • The false representation or implication that a debt collector operates or is employed by a consumer reporting agency.”

In other words, if someone misrepresented who he or she was to get you to pick up the phone or get you to pay the debt, that’s illegal. Not only is it illegal if the debt collector pretends he or she is someone else, but when they call they must disclose specifically that they are a debt collector. They must tell you in the first written communication you receive, and in each phone call, and that the debt collector is attempting to collect a debt. In each communication, they also must reveal that any information they obtain will be used for that purpose.

If you were deceived by a debt collector misrepresenting their identity then you have recourse because they broke the law. Lemberg & Associates attorneys are experts in the Fair Debt Collection Practices Act and will help you take on the debt collector so you can get what is owed you.

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