§ 1692e. False or misleading representations
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 subchapter.
- (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) Except as otherwise provided for communications to acquire location
information under section 1692b of this title, the failure to disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.
- (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 1681a(f) of this title.