LAWDOG Fair Debt Collection Practices Act
Summary Of Representations Of Debt Collector
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"False,
Deceptive, or Misleading Representation or Means"
Section 807 prohibits a debt collector from using any
"false, deceptive, or misleading representation or means in connection with the
collection of any debt." It provides a list of examples of false or misleading
representations. Prohibited actions are not limited to the subsections listed as examples
of activities that violate this provision. In addition, Section 807(10), which prohibits
the "use of any false representation or deceptive means" by a debt collector, is
very broad in application, and covers virtually every violation not covered by the other
subsections. See Section 807 of the Fair Debt Collection Practices Act reproduced here for
illustration purposes only.
"Mini-Miranda" Warning
While all sections are important, one very important provision,
sometimes referred to as the "mini-Miranda" warning, is contained in Section 807
(11), and involves 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". Certain notice provisions may not apply to a formal pleading made in
connection with a legal action. See Section 807 (11) of the Fair
Debt Collection Practices Act reproduced here for illustration
purposes only. Also see a portion of the FTC Official Staff Commentary reproduced here for
illustration purposes only. See each example of misrepresentation linked from the previous
menu.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration
purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection
Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer.
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