Georgia Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages

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US-DCPA-19.10BG
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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 . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."

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FAQ

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. (2) The false representation of -- (A) the character, amount, or legal status of any debt; or.

Unfair practices are prohibitedDeposit or threaten to deposit a postdated check before your intended payment date. Take or threaten to take property if it's not allowed. Collect more than you owe on a debt, which may include fees and interest.

Examples of fraud by false representation Examples include: Exaggerating your income on a mortgage application form. Falsifying details to obtain a credit card. Selling assets that are not yours to sell, or that do not exist.

Write a dispute letter and send it to each credit bureau. Include information about each of the disputed itemsaccount numbers, listed amounts and creditor names. Write a similar letter to each collection agency, asking them to remove the error from your credit reports.

A false statement is when it is not true, regardless of whether or not you know that it is false. A misleading statement is when it gives a false impression, is uninformative, unclear, or deceptive.

Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. This is against the law.

General impression test When deciding whether marketing information raises concerns under the Competition Act, the court consider both the literal meaning of the information and the general impression it makes. This is known as the general impression test.

Courts have found false and misleading representations in these cases - a: manufacturer sold socks, which were not pure cotton, labelled as 'pure cotton' retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.

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Georgia Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages