Getting a call from a debt collector can be stressful. But it can be downright frightening when the caller uses lies, profanity and threats to try to get you to pay. In a case announced today, the FTC says a debt collection operation in Charlotte, NC pretended to be lawyers. Really, they were not lawyers and had no authority to collect debts.
The FTC says the “collectors” used a variety of names to make people think they were dealing with a law firm. The imposters told people they were delinquent on a payday loan or other debt and threatened them with arrest, jail time, or getting sued unless they paid by credit or debit card over the phone.
Sometimes, the callers had personal information, like Social Security and bank account numbers, or relatives’ names. The callers used this information to convince people that the calls were legitimate.
In truth, the FTC says, the defendants pressured people into paying debts they never owed.
You can’t be arrested for not paying your bills. If a debt collector calls about a debt – and before you agree to pay anything – ask for a written proof that says how much money you owe and to who, and what to do if you don’t think you owe the money. By law, debt collectors have to send you a written document, called a validation notice, within five days after they first contact you. If they don’t, that’s a warning sign that they may not be legitimate.
Debt collection complaints account for nearly one-third of consumer complaints to the FTC. If you, or someone you know, has gotten a suspicious debt collection call, report it to the FTC at ReportFraud.ftc.gov. With your help, we’re finding the bad guys and putting them out of business.
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The FTC enforces the Fair Debt Collection Practices Act (FDCPA), which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Under the FDCPA, debt collectors can call you, or send letters, emails, or text messages to collect a debt. Read more questions & answers about debt collection.
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These are useful details for a complaint. Please report this to the FTC at ftc.gov/complaint. The information you give will go into a database that law enforcement uses for investigations.
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That caller could be a fake debt collector, even if he has some of your personal information. A caller may be a fake debt collector if he:
If you think a caller is a fake, ask for his name, company, street address, and telephone number. Tell him you refuse to discuss any debt until you get a written "validation notice." The notice must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act. If he refuses to give you all of this information, do not pay.
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File a complaint at Do Not Call.gov if:
If your mother's phone number isn't listed on the Do Not Call registry, or she received a live (not-recorded call), you can start the complaint on this page.
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