Brian Linnekens graduated from UCLA School of Law in 1999. Since that time, Mr. Linnekens has practiced law within a variety of specialties. One of the most impactful practices that Brian Linnekens has developed is based in the Fair Debt Collection Practices Act, commonly referred to as the FDCPA. The FDCPA is a very powerful Federal law designed to protect consumers. According to Brian Linnekens, many individual states also have enhanced protections under their own expansions of the FDCPA which extend the requirements to original creditors, not just secondary collectors. These various laws prohibit debt collectors (and often original creditors) from using dishonest and abusive methods of collecting money owed.
False or Misleading Representations
Brian Linnekens informs his clients that a debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. Specifically, a debt collector may not:
Falsely represent or imply that he or she is vouched for, bonded by, or affiliated with the United States or any state, including the use of any badge, uniform, or similar identification
Falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt
Falsely represent or imply that he or she is an attorney or that communications are from an attorney
Threaten to take any action that is not legal or intended
Falsely represent or imply 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 intended by the debt collector or creditor
Falsely represent or imply that the sale, referral, or other transfer of the debt will cause the consumer to lose a claim or a defense to payment, or become subject to any practice prohibited by the FDCPA
Falsely represent or imply that the consumer committed a crime or other conduct to disgrace the consumer
Communicate, or threaten to communicate, false credit information or information that should be known to be false, including not identifying disputed debts as such
Use or distribute written communications made to look like or falsely represent documents authorized, issued, or approved by any court, official, or agency of the United States or any state if the appearance or wording would give a false impression of the document’s source, authorization, or approval
Use any false representation or deceptive means to collect or attempt to collect a debt or to obtain information about a consumer
Fail to disclose in the initial written communication with the consumer, and the initial oral communication if it precedes the initial written communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.
In the event that a debt collector commits any of these acts, Brian Linnekens advises clients to keep accurate records of such violations. Armed with accurate activity logs, Brian Linnekens and his team are capable of holding the collectors accountable for their actions.
In addition, Brian Linnekens has explained that there are certain other more refined violations that may occur in connection with threats of a legal nature. These include:
Falsely represent or imply that accounts have been sold to innocent purchasers for value
Falsely represent or imply that documents are legal process
Use any name other than the true name of the debt collector’s business, company, or organization
Falsely represent or imply that documents are not legal-process forms or do not require action by the consumer
Falsely represent or imply that the debt collector operates or is employed by a consumer reporting agency
Many clients of the Law Offices of Brian Linnekens have found that debt collectors are often not aware of these restrictions, or are too careless to follow these guidelines precisely. Brian Linnekens and his team of attorneys around the country have helped minimize these violations and provide protection for clients who have been victimized by any of the foregoing.
This website is designed to provide only general information. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Use of this website is not intended in any way to create or even to convey the impression that such use of this website by any person, organization or entity of any nature and/or kind constitutes any attorney-client relationship whatsoever. The Law Offices of Brian R. Linnekens does not make any guarantee as to the accuracy or currency of any information contained in or created through use of any link to another website contained in this website. You should consult a lawyer for individual advice regarding your own situation.
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