
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.''
