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Author: Sergei Lemberg
Can a Debt Collector Pretend to Be a Lawyer?
![Debt Collector Pretending Lawyer]()
General Rule: No, a collection agency cannot misrepresent themselves in any way. This includes representing themselves as an attorney when they are not.
However, there are limits on what they can do when they contact you. Collection agencies cannot use any type of deception to collect on a payment. The Fair Debt Collection Practices Act (FDCPA) details several different forms of deception that are illegal.
So, what if you get a call about a debt from someone who claims to be a lawyer? What if you find out it’s a collection agency pretending to be a lawyer? Learn about how the FDCPA can protect you if a collection agency contacts you pretending to be an attorney.
A Debt Collector Told Me They Are a Lawyer
Collection agencies try various approaches to get you to pay a debt. Some of these are legal while many are not. One tactic that is illegal under the FDCPA is if a collection agency pretends to be someone or something they are not to get you to pay a debt. This is often seen when a collection agency represents itself as an attorney to the consumer.
Some collection agencies think that if they say they are an attorney, you will take the situation more seriously and pay them. However, this is not only a violation of the FDCPA. If a collection agency represents themselves as an attorney, they are engaging in the unauthorized practice of the law.
Unfortunately, this behavior may not always be easy to identify. Here are some examples of how a collection agency may do this:
- A collection agency may call you and falsely state they are an attorney. In doing so they may also indicate that they represent the collection agency.
- The collection agency might use a law firm’s letterhead to send out a letter to consumers. Sometimes a collection agency will do this as a mass mailing.
- Finally, a collection agency may have an attorney draft the letter. This can give the appearance of coming from an attorney even if the letter is being sent by the collection agency.
If you are unsure, save any communications and have it reviewed by a licensed consumer rights attorney.
How Does the FDCPA Address Harassment and Deception?
Two primary areas the FDCPA addresses are harassment and deception. It is both unfair and unethical for a collection agency to misrepresent themselves (e.g., pretending to be from a government agency).
Beyond these forms of imitation, there are other illegal ways a collection agency may try to deceive or harass you. Some examples include:
- Excessive calls or calls at unusual times
- Threatening or obscene language
- Publicizing your debt to others
- Threatening or actually reporting false information to a credit bureau
- Misrepresenting the amount of debt you owe
- Adding additional interest or fees that were not in the original agreement with the creditor
For more information, visit our FDCPA page.
What Can I Do When a Debt Collector Imitates an Attorney?
If you find out that the “attorney” that called you is actually a collection agency, there are actions you can take to stop them. Here are some options to stop this illegal behavior.
| Option |
Steps to Take |
| Send a Cease-and-Desist Letter |
This type of letter instructs the collection agency to stop all communications with you. A collection agency cannot ignore this type of request. Send it via certified mail so they cannot claim they never received the letter. |
| Seek Assistance From a Federal Agency |
There are two agencies that can assist you with addressing illegal collection behavior. The first is the Consumer Financial Protection Bureau (CFPB) which reviews general consumer complaints. The other is the Federal Trade Commission (FTC) which enforces the FDCPA. |
| Propose a Settlement |
If you have a valid debt, you may want to consider proposing a discounted settlement instead of taking legal action. A collection agency may be receptive to this option if you have proof of the violation. |
| File a Lawsuit |
If you take a collection agency to court they can put a legal stop to their behavior. The court may also compensate you with statutory damages (up to $1,000 under the FDCPA) and other penalties against the collection agency. |
Note: If the debt does not belong to you, make sure you also formally dispute it. The FDCPA requires consumers to dispute a debt within 30 days of receiving a formal validation notice about the debt.
Conclusion
Being a debt collector can be a tough job. However, it does not mean they are free to employ whatever strategy they need to collect on a debt.
If a collection agency is trying to coerce you into making a payment by pretending to be an attorney, you have rights. Contact a real attorney to help you address a collection agency that is pretending to be one.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg