LegalFix

§ 17-24-506. False or misleading representations

AR Code § 17-24-506 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) A debt collector may not use a false, deceptive, or misleading representation or means in connection with the collection of a debt.

(b) Without limiting the general application of subsection (a) of this section, 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 a state, including without limitation the use of a badge, uniform, or facsimile thereof;

(2) The false representation of:

(A) The character, amount, or legal status of a debt; or

(B) Any services rendered or compensation that may be lawfully received by a debt collector for the collection of a debt;

(3) The false representation or implication that an individual is an attorney or that a communication is from an attorney;

(4) The representation or implication that nonpayment of a debt will result in the arrest or imprisonment of a person or the seizure, garnishment, attachment, or sale of a property or wages of a person unless the action is lawful and the debt collector or creditor intends to take the action;

(5) The threat to take an 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 an interest in a debt will cause the consumer to:

(A) Lose a claim or defense to payment of the debt; or

(B) Become subject to a practice prohibited by this subchapter;

(7) The false representation or implication that the consumer committed a crime or other conduct in order to disgrace the consumer;

(8) Communicating or threatening to communicate to a person credit information that is known or that should be known to be false, including without limitation the failure to communicate that a disputed debt is disputed;

(9) The use or distribution of a written communication that simulates or is falsely represented to be a document authorized, issued, or approved by a court, official, or agency of the United States or a state or that creates a false impression as to its source, authorization, or approval;

(10) The use of a false representation or deceptive means to collect or attempt to collect a debt or to obtain information concerning a consumer;

(11) The failure to disclose:

(A) In the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral in the 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

(B) In subsequent communications, that the communication is from a debt collector, except that this subdivision (b)(11) does 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 a 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; or

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by 15 U.S.C. § 1681a(f), as it existed on January 1, 2009.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 17-24-506. False or misleading representations