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Financial Services Law Insights and Observations

FTC temporarily halts unlawful debt collection operation

Federal Issues FTC Debt Collection Enforcement FTC Act FDCPA

Federal Issues

On October 15, the FTC announced that the U.S. District Court for the Northern District of Georgia granted a temporary restraining order against a debt collection operation for allegedly engaging in fraudulent debt collection practices. According to the FTC’s complaint, the operation violated the FTC Act and the FDCPA by, among other things, (i) posing as law enforcement officers, prosecutors, attorneys, mediators, investigators, or process servers when calling consumers to collect debts; (ii) using profane language and threatening consumers with arrest or serious legal consequences if debts were not immediately paid; (iii) threatening to garnish wages, suspend Social Security payments, revoke drivers’ licenses, or lower credit scores; (iv) attempting to collect debts that were either never owed or were no longer owed; (v) unlawfully contacting third parties, such as family members or employers; and (vi) adding unauthorized or impermissible charges or fees to consumers’ debts. The complaint asserts that the operation also refused to provide written verification about the alleged debts as required by the FDCPA. Beyond the temporary restraining order, the FTC is seeking a permanent injunction, contract rescission or reformation, restitution, disgorgement, the appointment of a receiver, immediate access to business premises, an asset freeze, and other equitable relief.

The action is part of the FTC’s “Operation Corrupt Collector”—a nationwide enforcement and outreach effort established last month by the FTC, CFPB, and more than 50 federal and state law enforcement partners to address illegal debt collection practices. (Covered by InfoBytes here.)

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