When you think of debt collectors, you may picture someone aggressively banging on your door or constantly calling your phone in order to get you to pay what is owed. While this does happen, it’s important to understand there are many behaviors that creditors can engage in to get those in debt to pay up. One tactic that is not often discussed is debt collector misrepresentation. If you’re unfamiliar with this behavior, understanding the signs of this is critical to protecting yourself as a consumer. The following blog explores what you should know about these matters and why it’s in your best interest to connect with a California consumer lawyer who can help fight for you.
What Is Debt Collector Misrepresentation?
Debt collector misrepresentation is a form of behavior utilized by debt collectors with the intention of lying to and manipulating those who owe a debt into paying. It’s important to understand that this behavior is prohibited under the Fair Debt Collection Practices Act (FDCPA) which outlines how collectors can interact with consumers. Common examples of misrepresentation include, but are not limited to, the following:
- Pretending to be an attorney
- Lying about facing arrest or wage garnishment, if the collector has no intention of following through
- Lying about the amount owed
- Lying about interest or fees owed
- Pretending to be a law enforcement officer
- Pretending to be employed by a credit reporting agency
How Does It Differ From Harassment?
Though harassment and misrepresentation are tactics used by debt collectors to get a debtor to pay the funds that are owed, even if they legally do not have to, it’s important to understand that’s where the similarities end. Harassment is a behavior centered around intimidation, bullying, and threats, whereas misrepresentation relies on deceit and manipulation to get debtors to pay.
For example, a debt collector pretending to be an attorney and threatening to sue you would qualify as misrepresentation, whereas a collector who calls you multiple times each hour and uses vulgar language in an attempt to collect the debt is harassment.
What Should I Do if My Rights Are Violated?
If you are a victim of debt collector harassment, understanding your rights during these matters is critical. Generally, you can recover statutory damages for each violation you endured at the hands of the collector. Additionally, if you incurred compensatory damages, like economic and non-economic losses due to the manipulation and deceit you faced, you can seek compensation for the harm you’ve endured.
However, it’s important to understand that you should not try to navigate the process of recovering compensation on your own. Instead, it’s in your best interest to connect with an experienced consumer defense attorney who can assist you through these matters. At Los Angeles Legal Solutions, we understand how upsetting it can be to be the victim of manipulation, which is why we’re here to fight for you. Connect with our team today to learn how we can fight for the justice you deserve.
