LAWDOG Fair Debt Collection Practices Act

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Action That Cannot Legally Be Taken Or That Is Not Intended

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Section 807 (5) prohibits the threat to take any action that cannot legally be taken or that is not intended to be taken. See Section 807 (5) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Intends To Take The Action or Ordinarily Takes The Action

A portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act reproduced here for illustration purposes only, includes the following: "A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, or ordinarily takes the action in similar circumstances."

See other examples of "False, Deceptive, or Misleading Representation or Means" from 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. Links do not return to this page. Use browser "back" button to return.

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