General Rule: Yes. Lying about your debt is a violation of federal law and, as a result, you can sue for relief and certain damages.
Dealing with a debt collector who is bugging you for a payment can be exhausting. In their desperation, a collection agency may resort to a variety of tactics to coerce a payment from you. Oftentimes these tactics are illegal.
The Fair Debt Collection Practices Act (FDCPA) protects against a variety of abusive and deceptive behavior. This includes different lies a collection agency may tell about your debt.
Below are examples of how a collection agency may lie about your debt in violation of federal law. As you will see in a later section, you have legal and other options to address this illegal behavior.
A Collection Agency is Lying About My Debt
There are various ways a collection agency may lie about your debt. For example, collection agencies may lie about your debt in the following ways:
- Stating that it is higher than what you actually owe.
- Telling you that you owe a debt that is not yours.
- Claiming that you must pay additional interest and fees on your debt.
- Making false threats about an action they will take if you do not pay your debt.
If you believe a collection agency is lying in any way about your debt, document the situation thoroughly. This includes the name and details of any phone call you have with the collection agency. If they send anything untrue about your debt in writing, keep the document as potential evidence for a lawsuit.
How the FDCPA Regulates Deceptive Debt Collection Practices
The FDCPA, among other things, ensures that the debt collection process is fair and professional. It does so by prohibiting several types of deceptive practices collection agencies may attempt.
The FDCPA broadly prohibits all forms of deception. This includes any type of lie about your debt. It also includes the following:
- False statements about actions they cannot take against you (e.g., criminal prosecution).
- False statements about action they do not plan to take to coerce a payment.
- Imitating someone (e.g., attorney) or something (e.g., government agency) else.
Note: The FDCPA does not apply to the original creditor. Any regulations provided under this law apply only to third-party debt collectors.
Taking Legal Action Against a Collection Agency
If the collection agency is lying about your debt, it can have serious consequences. Fortunately, you can sue the collection agency for lying about your debt and other violations of the FDCPA. If a court finds in your favor you may receive the following:
- Injunctive Relief. This is when a court orders a collection agency to stop the illegal activity.
- Statutory Damages. If a collection agency is guilty of lying about your debt, they may have to pay a penalty of up to $1,000.
- Actual Damages. If you suffer any loss, a court can order a collection agency to compensate you. This may include things such as unauthorized interest and fees you paid.
- Other Costs. This could include court costs and attorney fees. In certain egregious cases, a court may award additional punitive damages.
There are other types of action you can take instead of filing a lawsuit that may also stop the illegal behavior. Consider these alternatives as they sometimes can resolve a situation quicker than a lawsuit. These options include the following:
- Sending a demand letter is an option that may put a quick stop to the illegal behavior. Send your letter via certified mail so you can confirm its receipt.
- You can report the collection agency’s illegal behavior to certain federal agencies. First, submit a complaint to the Federal Trade Commission (FTC). This agency enforces the FDCPA. In addition, consider submitting a complaint to the Consumer Financial Protection Bureau (CFPB).
- You can see if the collection agency is willing to settle your debt for a discount to avoid a lawsuit.
Note: If the collection agency is lying about a debt that is not yours, dispute it. A consumer has 30 days to do so from when they receive their validation notice.
Conclusion
We all have a responsibility to pay our debts. However, the collection agency has a responsibility to deal with consumers fairly and honestly.
If a collection agency acts deceitfully about your debt you have the right to sue them in court. If you are unsure about your next steps, consider hiring a consumer rights attorney to assist you.