This is the age when people should be educated and aware of the law that protects their right in the society. A lot of people don’t know this fact thus resulting in silent suffering from unidentified debt collectors who unceasingly harass them. Misrepresentation by any debt collector is looked upon as unlawful and as a violation of the FDCPA (Fair Debt Collection Practices Act). Anyone having misrepresentation issue can now get legal help from an authorized Misrepresentation Attorney in Los Angeles and San Fernando Valley California who can help him or her sue the debt collector and ensure he or she is duly compensated.
What is Misrepresentation?
Misrepresentation is one of the violations of the FDCPA (Fair Debt Collection Practices Act) and Rosenthal Act. The law states that collection agencies are expected (under compulsion) to identify who they are in phone calls, letters, messages (voicemail) and also be truthful/honest in the sum of money an individual owe. But, most of them tactically go against this rule as they fail to properly disclose their real identity in the process of debt collection. In a nutshell, failure of a debt collection agency to disclose or honestly identify their status is misrepresentation, and it comes in different shades.
In accordance with the stipulated guidelines of the FDCPA (Fair Debt Collection Practices Act), each time any debt collector or agency decides to go contrary to the proper way of identifying itself, the law is violated. This gives the debtor in question the right to take legal action against such agency by suing it and requesting for relevant compensation. Misrepresentation comes in different ways:
Misrepresentation of Identity
- Misrepresentation of identity
- Misrepresentation of intent/reason
- Misrepresentation about the sum of money owed
In the process of collecting a debt, debt collectors often display misrepresentation of identity by not sincerely disclosing or identifying themselves. This is a deliberate act of breaking or violating the law that has been put in place. They often disguise under the fact that they are third party debt collection agencies and sometimes claim being a different company from what they actually are. Ignorance of the law is no excuse because the law has been put in place to serve as guide either as small or large agencies. Other categories of misrepresentation may take the following:
Misrepresentation Of Intent Or Reason
- Some of them try to impersonate law enforcement agencies either as sheriff or police
- Claiming to be an attorney. Some of the debt collection agencies disguise to be either lawyers or attorneys when in the actual sense, they are debt collectors
- Claiming to be government agencies. Some of them will pretend and claim to be either Social Security or DMV
- Credit bureau representatives. Some of them claim to be representing the credit bureau or even as being employed by them.
Some of them begin their misrepresentation from the point of disclosing their intention/ reason for which they are calling the debtor. The law has stated in clear terms the words they must say in their first attempt at contacting you; “This is an attempt to collect a debt and any information obtained will be used for that purpose”. With this statement, their intention is well known to the debtor and he or she can easily identify those he or she is dealing with without any form of misrepresentation, impersonation or disguise. As a debtor, you should know the law too because your right has been clearly stated in the law. Using above statement to disclose an intention by the debt collector indicates fair method of debt collection.
You can consult your Misrepresentation Attorney in Los Angeles and San Fernando Valley California
for other rules and principles guiding the statement of debt collectors to know which is allowed or not when making their intention know when they first call. Apart from what they expected to say or not to say, they are expected to be truthful, sincere and honest when informing you about their intention concerning the debt they want to collect. They are not expected to make any form of threat with respect to the debt you owe. Even if you have not been harassed by any collection agency before, you can consult me for detail processes of the FDCPA (Fair Debt Collection Practices Act). I patiently attend to all categories of clients, both old and new having successfully helped a lot with respect to violation of this Act.
Misrepresentation About The Sum Of Money
It is wrong and illegal for debt collection agencies to request for extra money different from the actual money owed by the debtor. Under normal circumstances, they are expected to collect only what you lawfully owe depending on your contract as well as the relevant law that applies. Any breach of this is misrepresentation, which is often used by third party debt collection agencies to scare any debtor to pay just any sum of money they can afford since they (debt collectors) might have bought the debt. Other ways of doing this include:
- Addition of late charges
- Addition of processing fees
- Addition of finance charges
It is altogether wrong for any debt collection agency to have misrepresentation concerning a debtor’s debt amount. For others, especially the third party ones, they will not check up with the company that employ them if the debtor has settled the bill owed. They can continue calling and troubling the debtor. For debtors that know their right, such debt collector should be sued for misrepresentation.
Have you been harassed by any debt collection agency for debt you have previously settled or do you notice any form of misrepresentation? Discuss with your Misrepresentation Attorney in Los Angeles and San Fernando Valley California
who work on behalf of consumers against debt collectors. If your rights have been violated, I can sue a debt collection company to get you compensation, with no up-front money out of your pocket. Exercise your rights, get justice, and get money back from debt collectors who break the law.
Don’t hesitate to contact the Leventhal Law Group, P.C to sue a debt collector that has broken the law. Call 818-347-5800 for a free consultation today!