how to report a sham debt collector to the attorney generals office?

by Janae Windler 10 min read

Report the incident: If you think you’ve been contacted by a phantom debt collector, you can call us with questions and/or report the incident to OAG: Call our hotline at (202) 442-9828 Email us at [email protected]

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How do I report debt collection scams and abuse?

Feb 28, 2022 · The FDPCA gives you the right to sue a debt collector who has violated your rights. You're allowed to sue for up to $1,000, including damages. Consult with a consumer rights attorney to discuss your case. The debt collector, however, will not be legally liable if they can provide substantial evidence that the violation wasn't intentional and ...

How do I file a complaint against a debt collector?

Oct 06, 2020 · Watch out for debt collection scams. Tuesday, October 6, 2020. The Attorney General’s Office is working to crack down on debt collection scammers who try to convince consumers that they owe unpaid debts or try to scare or threaten consumers to collect on non-existent debt. If you receive a call from a supposed debt collector, take these steps ...

Can the Attorney General take legal action against debt collectors?

Debt can impact you in many ways. On one hand, you may legitimately owe money to a lender. You have rights, and you can protect yourself from unfair or harassing debt collection tactics. On the other hand, scammers can use debt collection and debt relief scams to target you. Learn more about your rights and how to spot a potential debt collection or debt relief scam.

What to do if a debt collector violates the fdpca?

How Debt Collection Scams Work. It's very simple: Someone contacts you — often by phone, but also by text message, fax, mail or email — and claims that you owe a debt. The debt may be completely fake, canceled, discharged, forgiven or beyond the period for collection. In any case, the scammer will use all sorts of techniques to get you to ...

Where can I report debt collectors?

Both of these kinds of conduct are prohibited in terms of the Debt Collectors Act, as well as in terms of our common law. Such conduct can be reported to the Debt Collectors Council or your local police station, which should then open a case and investigate the matter for you.Apr 26, 2016

How do I file a complaint with the attorney General Office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

How do I sue a debt collector?

You may bring a lawsuit against the debt collector in state court. In the lawsuit, you must prove that the debt collector violated the FDCPA. If successful, you might be able to collect $1,000 in statutory damages, and possibly more if you suffered harm from the violations.

Can I take legal action against debt collectors?

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable.

Does filing a complaint with the BBB do anything?

One good option is to file a complaint with the Better Business Bureau (BBB). The BBB helps consumers settle disputes related to sales, contracts, customer service, warranties, billings, and refunds every year. It accepts complaints even if the company that's harmed you doesn't belong to the Better Business Bureau.Apr 15, 2020

How do you report a business for unethical practices?

Answer. Report fraud, scams, and bad business practices at ReportFraud.ftc.gov. The more information you can give us about the situation, the more useful your report will be.

Can a debt collector take you to court after 7 years?

After the statute of limitations runs out, your unpaid debt is considered to be “time-barred.” If a debt is time-barred, a debt collector can no longer sue you to collect it. In fact, it's against the law for a debt collector to sue you for not paying a debt that's time-barred.

Can you go to jail for debt?

You cannot be arrested or go to jail simply for being past-due on credit card debt or student loan debt, for instance. If you've failed to pay taxes or child support, however, you may have reason to be concerned.Feb 1, 2021

How do I fight a false collection?

List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item. Write a dispute letter and send it to each credit bureau. Include information about each of the disputed items—account numbers, listed amounts and creditor names.Aug 11, 2021

What legal action can creditors take?

Request a Warrant of Execution to Attach Goods Once a judgement has been granted, a creditor may apply for a warrant which allows the sheriff to attach assets such as your furniture in order to pay for your debts. This can only be done if the creditor has followed all the preliminary steps that are required from them.Jul 22, 2021

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Sep 21, 2021

Are debt collection companies regulated?

All debt collection agencies are legally required to be regulated by the Financial Conduct Authority (FCA), which CPA are. ... FCA believe that financial markets should be effective, honest and fair, as this can ensure that consumers get a fair deal.Jan 18, 2017

Where to file a complaint about debt collection practices?

File a complaint with the Federal Trade Commission. The CFPB is the best place to file a complaint about debt collection practices, but if a debt collector has scammed you or you're receiving telemarketing calls, even though you're on the Do Not Call registry, you may also file a complaint with the Federal Trade Commission (FTC).

How much can you sue a debt collector?

The FDPCA gives you the right to sue a debt collector who has violated your rights. You're allowed to sue for up to $1,000, including damages. Consult with a consumer rights attorney to discuss your case.

Can the Better Business Bureau take legal action against debt collectors?

While the Better Business Bureau (BBB) cannot take legal action against debt collectors who violate the FDCPA, they can help mediate disputes against debt collectors. The BBB also reports consumer complaints against businesses and helps warn other consumers about problems with particular debt collectors. 6 

What is the CFPB?

The Consumer Financial Protection Bureau (CFPB) is an independent government agency responsible for enforcing laws to protects consumer rights in the financial industry.

Can debt collectors collect from you?

Updated October 31, 2020. There are many instances of debt collectors using deceitful, unlawful, and corrupt practices against consumers who may or may not owe a debt. To protect consumers, the Fair Debt Collection Practices Act (FDCPA) has strict guidelines about what debt collectors can and cannot do when attempting to collect a debt from you.

How do debt collection scams work?

How Debt Collection Scams Work. It's very simple: Someone contacts you — often by phone, but also by text message, fax, mail or email — and claims that you owe a debt. The debt may be completely fake, canceled, discharged, forgiven or beyond the period for collection. In any case, the scammer will use all sorts of techniques to get you ...

How to avoid a debt collection scam?

One of the surest ways to avoid a debt collection scam is to know all of your real or valid debt. If someone contacts you about a debt you owe, you can quickly identify whether it's real or fake.

Can a debt collector lie?

Scammers like to use intimidation and fear to get payments. You won't go to jail for your debt, so if the collector says that you will, they're lying.

Can you go to jail for a debt collector?

You won't go to jail for your debt, so if the collector says that you will, they're lying. You also can’t be sued in any county other than where you lived when you signed the contract or at the time the lawsuit was filed. Break off contact with them and file a complaint.

Do real debt collectors get paid?

Real debt collectors will often try to get payment quickly, but if your collector is being very pushy, you should be suspicious. Scammers survive by getting people to pay fake debts before they have a chance to realize they're being scammed. So if a debt collector pushes you to pay immediately, be very cautious.

Is a debt collector real?

So, some debt collectors are real, and they're acting on behalf of the company to whom you owe money. However, real debt collectors still have to obey the law. And you have rights as a consumer. Learn more: Your Debt Collection Rights.

Do debt collectors know your information?

Real debt collectors already know much of your information — e.g., how much you owe, your address, social security number, birthday, etc. But debt collection scammers probably don't have all of your info already, so they'll ask for it. If they don't seem to know enough about you, there's a good chance they're a scammer.

How to confirm a debt is yours?

The best way to confirm it’s yours is to get “validation information.”. By law, debt collectors have to give you information — either over the phone or in writing — that includes. Here are a few more things to do if you get a call about a debt you don’t recognize. Find out who’s calling.

Can collectors harass you?

Here are some things to know: Collectors can’t harass you. For example, collectors. can’t threaten to hurt you. may not use obscene or profane language. can’t repeatedly call you. Collectors can’t lie. For example, collectors. cannot tell you that you owe a different amount than what you actually owe.

Disputing A Debt

  • It is important that you respond as soon as possible if a debt collector contacts you about a debt that you do not owe, that is for the wrong amount, that is for a debt you already paid, or that you want more information about. Make sure you respond in writing to dispute the debt. If you don't, the debt collector may keep trying to collect the debt from you and may even end up suing you f…
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Harassment and Call Restrictions

  • 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. Debt collectors cannot make false or misleading statements. For example, they cannot lie abou…
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Debt Collector Contacting Your Employer Or Other People

  • Employers Debt collectors may contact your employer but only: 1. To verify your employment; 2. To get your location information; 3. To garnish your wages (that is, taking payment from your paycheck), but only after it sued you and a court entered a judgment against you; 4. If the debt is a medical debt, to find out whether you have medical insurance; or 5. You or your attorney agreed i…
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Interest and Other Charges

  • Debt collectors may collect interest, fees, charges, or other expenses to your debt only if they are expressly authorized by the agreement creating the debt or are otherwise permitted by law. If you ask, the debt collector must tell you how much it is charging you and why. To do so, send a letter to the debt collector asking for an explanation in writing. For a sample letter requesting informat…
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Credit Reporting

  • Debt collectors may report your debt to credit reporting companies, which put together credit reports that creditors use when deciding whether to give you credit. However, debt collectors cannot report false information about your debt. If you dispute a debtin writing with a debt collector, that debt collector must tell any credit reporting company that it has reported your deb…
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Old (Time-Barred) Debts

  • Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement. However, it may be hard to figure out when the clock on that period starts to run or can be restarted (for example, a partial payment of the debt may r…
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Collectors Taking Money from Your Wages, Bank Account, Or Benefits

  • Debt collectors can only take money from your paycheck, bank account, or benefits—which is called garnishment—if they have already sued you and a court entered a judgment against you for the amount of money you owe. The law sets certain limits on how much debt collectors can garnish your wages and bank accounts. Certain federal benefits, such as social security benefit…
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Other Resources

  • For more information about debt collection and your rights, visit the following: 1. FTC's Dealing With Debt: Information about managing debt, credit repair, and different debt collection issues. 2. CFPB's Debt Collection: Common questions about debt collection. 3. FTC's Fake Debt Collectors: How to tell if a debt collector is legitimate or a fraudster. Back To Top
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Reporting A Complaint

  • If you believe a debt collector is violating the law, you may report your complaint with the Attorney General's Office. The Office uses complaints to learn about misconduct. However, we cannot give legal advice or provide legal assistance to individuals. For information on how to find an attorney, see Attorneys/Lawyers. You may also report your complaint to the FTC. The FTC enforces the fe…
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