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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