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Fake and Abusive Debt Collectors

Posted by Ryan D. Peterson | Aug 13, 2021 | 0 Comments

Picture of computer keyboard and woman holding phone. How to spot a fake debt collector.

Have you ever gotten a call about a debt you don't recognize?

Or have you had a collector harass, threaten, or lie to you? If you owe a debt — or if you don't owe the debt a collector is asking about — you have rights when it comes to debt collectors. Here's what you need to know.

How to Spot Fake Debt Collectors 

Not everyone who calls saying that you owe a debt is a real debt collector. Some are scammers who are just trying to take your money. So how can you tell?

A caller may be a fake debt collector if they

  • want you to repay a debt you don't recognize
  • refuse to give you their mailing address or phone number
  • pressure you, or try to scare you into paying by threatening to report you to law enforcement or have you arrested

How to Know If a Debt Is Yours

Did someone contact you about a debt that you don't recognize? 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

  • the amount of the debt
  • the name of the current creditor
  • how to get the name of the original creditor

Combating Aggressive Debt Collection

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Here are a few more things to do if you get a call about a debt you don't recognize. 

  1. Find out who's calling. Get the name of the collector and the collection company, its address, and phone number.
  2. Do your own detective work. Check with the original creditor. Is the debt yours? Did the creditor sell the debt or hire a company to collect it? If so, is the caller their collector?
  3. Dispute the debtIf you think you don't owe some — or all — of the debt, dispute it with the collector by mail or online. Even if you got validation information.

As you're checking out a debt collection call, remember: don't respond to threats.When scammers threaten to arrest you, suspend your driver's license, or call your employer if you don't pay immediately, hang up and report the collector to the FTC at ReportFraud.ftc.gov.

Learn more about dealing with debt collection at ftc.gov/debt.

 Not everyone who calls saying that you owe a debt is a real debt collector.

How to Spot an Abusive Debt Collector 

What if you recognize the debt, but you think the debt collector is harassing or lying to you? Or treating you unfairly? 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
  • may not pretend to be an attorney or from the government
  • can't tell you that you'll be arrested, or claim they'll take legal action against you if it's not true

Collectors can't treat you unfairly. For example, collectors

  • may not try to collect interest, fees, or other charges on top of the amount you owe, unless the original contract or your state law says they can
  • can't deposit a post-dated check early
  • cannot publicly share your debts, including by sending postcards or putting information on envelopes

Report Fake and Abusive Debt Collectors 

Have you spotted a fake or abusive debt collector? The FTC wants to know about it. Report it at ReportFraud.ftc.gov.

Article courtesy of Federal Trade Commission Consumer Information

About the Author

Ryan D. Peterson

Attorney Ryan D. Peterson Ryan D. Peterson is a former debt collection attorney turned consumer rights expert and advocate. After graduating from William Mitchell law school in 2008, Ryan opened his own criminal defense firm. In 2010 Ryan joined a Minneapolis-based debt collection firm. Ther...

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