Can a Debt Collector Claim to be Police or IRS?
![Illegal Debt Collection Impersonation]()
General Rule: No, a collection agency cannot misrepresent themselves as someone they are not. This prohibition includes representing themselves as law enforcement or the IRS.
When a debt collector contacts you to collect on a debt they must be honest about who they are and the nature of their call. However, debt collectors have a reputation for employing unethical tactics to get you to pay a debt. This includes impersonating people and agencies to intimidate you into making a payment.
The Fair Debt Collection Practices Act (FDCPA) protects against different kinds of manipulation and deception. This includes, among other things, how a debt collector represents themselves to a consumer.
In this article, you will learn about how debt collectors may attempt to misrepresent themselves to you. In addition, you will learn what protections you have and action you can take to deal with this type of illegal debt collection tactic.
I Received a Call About a Debt From Law Enforcement or the IRS
The short answer is, no you did not. Neither law enforcement or the IRS will call you about a personal debt you owe. Nonpayment of a debt is not a criminal matter so law enforcement will not get involved. In addition, the IRS is only interested in dealing with past due debts for federal taxes.
However, this does not stop a debt collector. Collection agencies sometimes use certain tactics to coerce you into making a payment. As a result, some debt collectors are willing to misrepresent themselves as police or the IRS. Getting a call from either of these parties can easily intimidate a person which is why this tactic is sometimes used.
Nonetheless, you now know that these types of calls are not legitimate. These types of misrepresentations explicitly violate the FDCPA. When a debt collector calls you they must honestly tell you who they are and the company they work for.
The FDCPA and Misrepresentations
One major focus of the FDCPA is to prevent misrepresentations and other false or deceptive debt collection behavior. Sometimes debt collectors try to deceive you by misrepresenting who they are and other forms of deception.
Other forms of deception that often accompany these misrepresentations include the following:
- Making threats about actions they cannot or do not plan to take.
- Sending mailings that look like they are coming from someone other than a debt collector.
- Changing the amount you owe.
To learn about additional illegal forms of harassment and deception, check out our general FDCPA page. However, it’s important to note that violations of the FDCPA apply only to third-party debt collectors.
How Can I Stop a Debt Collector Making These Types of Misrepresentations?
If a debt collector is calling as a law enforcement or the IRS, they are intentionally violating the law. Taking any of the below actions can put a stop to these intentional misrepresentations.
| Option |
Steps to Take |
| Stop All Communication |
You can put a stop to all communication by sending a cease-and-desist letter. If a debt collector receives this type of letter they must immediately stop all communication. |
| Report the Violation to a Federal Agency |
You can submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB). You should also submit a complaint to the Federal Trade Commission (FTC). This federal agency enforces the FDCPA. |
| Offer to Settle the Debt |
If you want, you can use the violation as leverage. If you provide proof of the violation a debt collector may agree to a debt settlement to avoid a lawsuit. |
| Take Legal Action |
Sometimes, you need to take legal action. This may be because the debt collector has not stopped. It also is an option if the debt collector’s violation caused you to suffer loss. You may receive compensation for your loss and statutory damages (up to $1,000). |
If a debt collector is contacting you as the IRS or police and you do not owe them any money, dispute the debt. If you have their actual contact information, make sure you do this in writing and send it by certified mail.
Conclusion
Alarm bells should sound off if you are getting a call from the IRS or law enforcement about a debt. This type of call is likely a debt collector trying to trick or intimidate you into making a payment.
When this happens, take action and hold the unethical debt collector accountable. Whatever action you decide to take, it’s a good idea to discuss the situation with a consumer rights attorney. They can ensure that the debt collector stops and takes responsibility for the illegal misrepresentations.
Additional Resources