§ 1692e. — False or misleading representations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1692e]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER V--DEBT COLLECTION PRACTICES
Sec. 1692e. False or misleading representations
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:
(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
(B) any services rendered or compensation which may be
lawfully received by any debt collector for the collection of a
debt.
(3) The false representation or implication that any individual
is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any
debt will result in the arrest or imprisonment of any person or 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.
(5) The threat to take any action that cannot legally be taken
or that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall cause
the consumer to--
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this
subchapter.
(7) The false representation or implication that the consumer
committed any crime or other conduct in order to disgrace the
consumer.
(8) Communicating or threatening to communicate to any person
credit information which is known or which should be known to be
false, including the failure to communicate that a disputed debt is
disputed.
(9) The use or distribution of any written communication which
simulates or is falsely represented to be a document authorized,
issued, or approved by any court, official, or agency of the United
States or any State, or which creates a false impression as to its
source, authorization, or approval.
(10) The use of any false representation or deceptive means to
collect or attempt to collect any debt or to obtain information
concerning a consumer.
(11) The failure to disclose in the initial written
communication with the consumer and, in addition, if the initial
communication with the consumer is oral, in that initial oral
communication, that the debt collector is attempting to collect a
debt and that any information obtained will be used for that
purpose, and the failure to disclose in subsequent communications
that the communication is from a debt collector, except that this
paragraph shall not apply to a formal pleading made in connection
with a legal action.
(12) The false representation or implication that accounts have
been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are
legal process.
(14) The use of any business, company, or organization name
other than the true name of the debt collector's business, company,
or organization.
(15) The false representation or implication that documents are
not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt
collector operates or is employed by a consumer reporting agency as
defined by section 1681a(f) of this title.
(Pub. L. 90-321, title VIII, Sec. 807, as added Pub. L. 95-109, Sept.
20, 1977, 91 Stat. 877; amended Pub. L. 104-208, div. A, title II,
Sec. 2305(a), Sept. 30, 1996, 110 Stat. 3009-425.)
Amendments
1996--Par. (11). Pub. L. 104-208 amended par. (11) generally. Prior
to amendment, par. (11) read as follows: ``Except as otherwise provided
for communications to acquire location information under section 1692b
of this title, the failure to disclose clearly in all communications
made to collect a debt or to obtain information about a consumer, that
the debt collector is attempting to collect a debt and that any
information obtained will be used for that purpose.''
Effective Date of 1996 Amendment
Section 2305(b) of div. A of Pub. L. 104-208 provided that: ``The
amendment made by subsection (a) [amending this section] shall take
effect 90 days after the date of enactment of this Act [Sept. 30, 1996]
and shall apply to all communications made after that date of
enactment.''
