Can a debt collector use deceptive practices to collect a debt?
In Delaware, debt collectors cannot use any deceptive, unfair, or abusive practices when collecting a debt. This is true even if such practices are not specifically prohibited by law. Debt collectors who use deceptive practice to collect a debt may be in violation of the Delaware Consumer Fraud Act, the Delaware Fair Debt Collection Practices Act, or other applicable state and federal laws. Under the Delaware Fair Debt Collection Practices Act, a debt collector cannot misrepresent the amount or character of the debt, the legal status of the debt, or the consequences of not paying the debt. They may not provide false information to any third party about the debtor or threaten to do something they do not intend to do. Debt collectors also cannot harass or oppress the debtor by using threats, obscene language, or repeatedly calling the debtor. They also may not threaten to take any action that cannot be legally taken or use a false name or false address in order to collect the debt. Debt collectors also cannot contact the debtor at inconvenient times or places. In summary, debt collectors in Delaware cannot use deceptive practices to collect a debt. If they do, they may be in violation of applicable state and federal laws. Therefore, it is important for debtors to be aware of their rights and take action if they feel like they are being treated unfairly.
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