Can a debt collector ever increase the amount of a debt?
In California, debt collectors cannot increase the amount of a debt. This is because debt collectors are bound by both state and federal law when it comes to collecting a debt. According to California Civil Code 1788, debt collectors are only allowed to collect amounts that are due from a debtor and must not artificially increase the debt in any way. This means that the amount of the debt that was originally owed must remain the same. Additionally, federal law (the Fair Debt Collection Practices Act) states that debt collectors may not threaten to take any action that would result in increasing the amount of the debt. If a debt collector encourages a consumer to pay an amount that is larger than the amount of the original debt, then the consumer is within their rights to report the debt collector to the Federal Trade Commission. This can be done by filing a complaint and providing evidence of the debt collector’s unlawful behavior. In summary, debt collectors are prohibited from increasing the amount of a debt in California. Therefore, any attempts to do so by a debt collector is likely to be in violation of both state and federal law. As such, consumers should be wary of any attempts by debt collectors to increase a debt and should report any such behavior to the Federal Trade Commission.
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