Can a debt collector use deceptive practices to collect a debt?

In California, debt collectors are not allowed to use deceptive practices to collect a debt. According to the Fair Debt Collection Practices Act (FDCPA), these practices are considered unfair or deceptive and are against the law. This includes false representation that the debt collector is a government official or attorney, falsely representing the amount the debtor owes, or making false claims about the debtor’s credit record. In addition, debt collectors are prohibited from harassing the debtor, such as by repeatedly calling him or her, using abusive language, or sending excessive letters. They cannot use false threats to get the debtor to pay debts, such as threatening to arrest the debtor or garnish their wages. If the debt collector has contacted the wrong person or continues to contact them after they’ve sent a letter asking them to stop, they could be held in violation of the law. As California has its own set of collections defense laws, debtors should be aware of the rights they have under the state’s law. For example, the California Civil Code prohibits actions that are meant to harass, oppress, or abuse a debtor, including the use of deceptive practices. Debtors should also be aware that they have the right to dispute any debt that is in question or has been paid. If the debt collector is using deceptive and unfair practices when attempting to collect, the debtor can seek legal help and contact their state authorities for further assistance.

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