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 of 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.
[15 USC 1692e. As amended
by act of Sept. 30, 1996 (110 Stat. 3009-425).]
