Posing as a government agent is a common practice of debt collectors, used to intimidate people into believing they are in trouble with the government because of their debt. It is common, but it is also illegal. Often debt collectors will threaten arrest by pretending they are from a sheriff’s office or police department. They will pose as an IRS Agent, or even a member of the Department of Education when attempting to collect on a defaulted student loan.
Under the Fair Debt Collection Practices Act, a debt collector may not falsely pose as someone else. And whether it’s implied or stated, they may not threaten a person in any way in an attempt to collect on a debt. According to the Act,
- “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.”
Pretending that they are government agent is a scare tactic meant to intimidate and strong arm people who are already worried that they can’t pay-off a debt. Debt collectors use it because it works—they know that most consumers don’t know their rights. Even more unfair is when they call a relative, threatening them that their son, daughter or grandchild posing as a government agent. Often this deception forces the family member to pay off the debt.
Were you or a loved one deceived by a debt collector misrepresenting their identity? Then you have recourse because they broke the law. If you’ve been the victim of a trick from a debt collector, then you need an attorney who is well versed in 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.
