Unfair Debt Collection

Many unscrupulous debt collectors will do anything to try to collect money from consumers, even when they don’t owe any money.  If you are being harassed by a debt collector, you should know that Oregon and federal laws protect you.  Here is a list of some of the things the law prohibits debt collectors from engaging in:

Harassment

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
  • Use threats of violence or harm
  • Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
  • Use obscene or profane language
  • Repeatedly use the telephone to annoy someone

False statements

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
  • Falsely imply that they are attorneys or government representatives
  • Falsely imply that you have committed a crime
  • Falsely represent that they operate or work for a credit bureau
  • Misrepresent the amount of your debt
  • Indicate that papers being sent to you are legal forms when they are not
  • Indicate that papers being sent to you are not legal forms when they are

Debt collectors also may not state that:
  • You will be arrested if you do not pay your debt
  • They will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
  • Actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action

Debt collectors may not:
  • Give false credit information about you to anyone, including a credit bureau
  • Send you anything that looks like an official document from a court or government agency when it is not
  • Use a false name

Unfair practices

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
  • Collect any amount greater than your debt, unless your state law permits such a charge
  • Deposit a post-dated check prematurely
  • Use deception to make you accept collect calls or pay for telegrams
  • Take or threaten to take your property unless this can be done legally
  • Contact you by postcard


If you are being harassed by a debt collector, the Egan Legal Team may be able to help.  Contact our office fore more information.