What US Fair Debt Collection Practices Act - 15 USC 1692e False or Misleading Representations requires
15 USC 1692e is the Fair Debt Collection Practices Act provision that prohibits false, deceptive, or misleading representations or means by debt collectors in connection with the collection of any debt. The introductory clause provides: 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 section enumerates sixteen specific prohibited practices: (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 the character, amount, or legal status of any debt or any services rendered or compensation lawfully receivable for any services; (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 will result in arrest, imprisonment, or seizure, garnishment, attachment, or sale of property or wages unless lawful and intended; (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 lose certain rights or be subject to specified practices; (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 and the 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; (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; and (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.
Pillar: Banking & Global Finance · Authority: US Congress / Consumer Financial Protection Bureau / Federal Trade Commission · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/link/uscode/15/1692e
SHA-256 integrity: 258a42c8dcd90c4b8287cf12f50d2f9fc8297b6f309836f193851e164136226e
Primary Citations — 12 traced to source
- 15 USC 1692e - False or misleading representations - statutory text at https://www.govinfo.gov/link/uscode/15/1692e
- 15 USC 1692e introductory clause - a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt
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