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Fair Debt Collection: 7.2.8.1 Generally

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:

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Fair Debt Collection: 7.2.8.2 Threats Aimed at the Consumer

FDCPA § 1692e(8) prohibits in connection with collection of a debt threatening to communicate to any person credit information that the debt collector knows or should know to be false. The threat might be to communicate false credit information to the creditor, a government agency, a neighbor, an employer, or any other person. Many false threats relate to communication with consumer reporting agencies (CRAs).

Fair Debt Collection: 7.2.8.3 Reporting False Information to CRAs and Others

FDCPA § 1692e(8) offers consumers a powerful remedy where a debt collector furnishes false credit information to a CRA. Creditors and other furnishers of information to a CRA are not liable under the Fair Credit Reporting Act for furnishing false credit information or failing to disclose the consumer’s dispute unless they fail to properly perform a reinvestigation when requested to do so by the CRA.466

Fair Debt Collection: 7.2.8.4.2 Disclosure requirement applies to communications with any third party

FDCPA § 1692e(8) applies to any debt collector and any communication to a third party, including the creditor,492 a debt buyer,493 or a CRA.494 FDCPA § 1692e(8) also applies to a covered debt buyer’s communications to a collection agency or collection attorney.495 A debt collector bringing suit against the consumer may even have an obligation to disclose to the court that the consumer disputes the deb

Fair Debt Collection: 7.2.8.4.3 Informing the debt collector of the dispute

The debt collector—whether it is a debt buyer, collection agency, or collection attorney—has an obligation to include the consumer’s dispute when it knows or should know of that dispute.499 A debt collector certainly knows of the consumer’s dispute where the consumer directly informs the debt collector of the dispute.

Fair Debt Collection: 7.2.9.1 Generally

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:

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Fair Debt Collection: 7.2.11.1 Generally

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:

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Fair Debt Collection: 7.2.11.2 Is a Voicemail or Other Contact a “Communication”?

FDCPA § 1692e(11) specifies required notices during a debt collector’s “communication.” A preliminary issue in FDCPA § 1692e(11)’s application is whether a voicemail or other minimal contact with the consumer is a communication. The FDCPA defines a communication as “conveying of information regarding a debt directly or indirectly to any person through any medium.”580 A voicemail message or any other contact with a consumer is certainly via a medium that conveys information directly or indirectly to a person.

Fair Debt Collection: 7.2.11.4 Exemption for Legal Pleadings

FDCPA § 1692e(11) states that its requirements “shall not apply to a formal pleading made in connection with a legal action.”628 This statutory exemption was added by 1996 amendments.629 Prior to that amendment, FTC staff had, consistent with the 1996 amendment, interpreted the Act not to require the FDCPA § 1692e(11) disclosure and warning in a formal pleading made in connection with a legal action.630

Fair Debt Collection: 7.2.11.5 Other Situations Where FDCPA § 1692e(11) May Not Apply

Courts generally find that a debt collector need not provide the FDCPA § 1692e(11) notice where the collector is responding to the consumer’s communication.651 However, Regulation F (effective November 30, 2021) provides that where a consumer initiates communication with the collector after receiving a limited-content message, the collector must provide a FDCPA § 1692e(11) disclosure.652

Fair Debt Collection: 7.2.14.1 Generally

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:

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Fair Debt Collection: 7.2.14.3 Use of Employee Aliases

While FDCPA § 1692e(14) prohibits a debt collector from using a fictitious name, prior to the implementation of Regulation F, case law was divided as to whether a debt collector’s employee must use the employee’s real name or can use an alias.699 Regulation F (effective November 30, 2021) now states that: