Debt collectors are known for being persistent—but not all of them are real. In recent years, there has been a surge in scam artists pretending to be debt collectors in order to trick people into paying money they don’t actually owe. These fake collectors can sound very convincing, using personal information, aggressive threats, and even fake case numbers to scare victims into handing over payment. If you’ve been contacted by someone claiming you owe money, it’s critical to know your rights—and how to protect yourself.
The Red Flags of a Fake Debt Collector
Legitimate debt collectors must follow strict rules under the Fair Debt Collection Practices Act (“FDCPA”) (and state debt collection laws, like California’s Rosenthal Fair Debt Collection Practices Act (“RFDCPA”)). Fake debt collectors often ignore these rules altogether. One of the biggest warning signs is refusing to provide written notice of the debt. Under federal law, any real collector must send a written notice within five days of contacting you, explaining the amount owed, the name of the original creditor, and your right to dispute the debt. If someone calls you demanding money but won’t send this notice, it’s a major red flag.
Another sign of a scam is using threats or scare tactics, such as saying they’ll have you arrested, garnish your wages immediately, or send the sheriff to your door. These kinds of threats are not only unethical—they’re illegal. Real debt collectors cannot threaten arrest or jail time, and they must go through the courts to even request wage garnishment. Fake collectors rely on fear, hoping you’ll panic and pay without asking questions.
Watch out for requests for payment through unusual methods, such as prepaid gift cards, wire transfers, Venmo, or Zelle. These are not standard payment methods for legitimate agencies and are often untraceable, making it harder to recover your money once it’s gone. Also be cautious if they pressure you to pay immediately or try to stop you from consulting an attorney.
How to Protect Yourself and Fight Back
If you’re contacted by someone claiming you owe a debt, don’t pay anything right away. Ask for their name, company, and mailing address, and request the written validation notice required by law. If they refuse to provide it, or become aggressive when you ask, that’s a major warning sign.
You have the right to dispute the debt in writing within 30 days. If the collector is fake, they’ll likely stop contacting you once they realize you know your rights. If they continue to harass or threaten you, document all communications and report them to the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general.
You should also check your credit report to see if the debt is listed. If it’s not, or if it appears incorrectly, you can dispute it with the credit bureaus and potentially pursue damages under the Fair Credit Reporting Act (FCRA). Fake collectors sometimes use information from data breaches or public records to make their claims sound legitimate—but they often don’t have the authority to report the debt.
In some cases, it may be appropriate to speak with an attorney. If you’ve been harassed, threatened, or scammed, you may be entitled to statutory damages under the FDCPA. Legal help can also stop further contact and get you the compensation you deserve.A Victory for Consumers
As the case proceeded, it became clear that NMAC had repeatedly violated both the FCRA and the CCRAA. Aranda’s efforts to hold NMAC accountable not only exposed these violations but also highlighted the real-life harm caused by inaccurate credit reporting.
Ultimately, NMAC made an offer of judgment for $600,000, which Aranda accepted. This significant monetary result underscores the financial and emotional toll that inaccurate credit reporting can inflict, as well as the relief available through legal action.
Don’t Fall for the Scam—Know Your Rights
Fake debt collectors prey on fear and confusion, hoping to trick you before you realize what’s happening. But with the right knowledge, you can protect yourself and hold them accountable. You have the right to ask questions, to demand proof, and to push back. And if someone crosses the line, you have legal protections under both state and federal law.
If you think you’ve been contacted by a fake collector—or you’re unsure whether a debt is real—contact The Credit Attorney today. We help consumers across California stand up to fraud, harassment, and illegal debt collection practices.