Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person . . . ."
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Consent to restraint is a defense to a charge of false imprisonment. If a person gives express or implied consent to the violation of their liberty, no false imprisonment occurs. To consent, a person must assent freely and voluntarily and know the nature of the act they are or will be experiencing.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law.
Penal Code § 236 PC defines the California crime of ?false imprisonment? as unlawfully restraining, detaining, or confining a person against his or her will. The offense can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
Elements of the crime intentionally detained, restrained, or confined another person; the restraint made the victim stay or go somewhere for a period of time; victim did not give their consent and was harmed; the conduct was a significant factor in causing victim's harm.
