Reg F § 1006.18 — False, deceptive, or misleading representations or means

Authority

12 CFR 1006.18 (Regulation F, Subpart B), the CFPB's implementation of FDCPA § 807 (15 U.S.C. 1692e); enforced by the CFPB (and FTC/private right of action under the statute). Text below verified verbatim against the eCFR (current through 2026-07-01; fetched via the eCFR versioner API). Section source note: no section-level amendment — carries the part-level source, 85 FR 76887, Nov. 30, 2020 (compliance date Nov. 30, 2021). Supplement I (Official Interpretations) last amended 88 FR 16538, Mar. 20, 2023.

Operative text

General prohibition:

(a) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs (b) through (d) of this section. — 12 CFR 1006.18(a)

Enumerated false/deceptive/misleading representations:

(b) False, deceptive, or misleading representations. (1) A debt collector must not falsely represent or imply that: (i) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. (ii) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)). (iii) Any individual is an attorney or that any communication is from an attorney. (iv) The consumer committed any crime or other conduct in order to disgrace the consumer. (v) A sale, referral, or other transfer of any interest in a debt causes or will 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 part. (vi) Accounts have been turned over to innocent purchasers for value. (vii) Documents are legal process. (viii) Documents are not legal process forms or do not require action by the consumer. (2) A debt collector must not falsely represent: (i) The character, amount, or legal status of any debt. (ii) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. (3) A debt collector must not 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 the debt collector or creditor intends to take such action. — 12 CFR 1006.18(b)

Enumerated false/deceptive/misleading collection means:

(c) False, deceptive, or misleading collection means. A debt collector must not: (1) Threaten to take any action that cannot legally be taken or that is not intended to be taken. (2) Communicate or threaten to communicate to any person credit information that the debt collector knows or should know is false, including the failure to communicate that a disputed debt is disputed. (3) Use or distribute any written communication that simulates or that the debt collector falsely represents to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or that creates a false impression about its source, authorization, or approval. (4) Use any business, company, or organization name other than the true name of the debt collector's business, company, or organization. — 12 CFR 1006.18(c)

Catch-all:

(d) False representations or deceptive means. A debt collector must not use any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. — 12 CFR 1006.18(d)

§ 1006.18(e) — the required disclosures (mini-Miranda)

Note what (e) actually covers: it is NOT a "meaningful disclosure of caller identity" rule (that is a harassment provision — FDCPA § 806(6) / 15 U.S.C. 1692d(6), implemented at § 1006.14(g)). § 1006.18(e) is the debt-collection-purpose disclosure ("mini-Miranda"):

(e) Disclosures required—(1) Initial communications. A debt collector must disclose in its initial communication with a consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. If the debt collector's initial communication with the consumer is oral, the debt collector must make the disclosure required by this paragraph again in its initial written communication with the consumer. (2) Subsequent communications. In each communication with the consumer subsequent to the communications described in paragraph (e)(1) of this section, the debt collector must disclose that the communication is from a debt collector. (3) Exception. Disclosures under paragraphs (e)(1) and (2) of this section are not required in a formal pleading made in connection with a legal action. (4) Translated disclosures. A debt collector must make the disclosures required by paragraphs (e)(1) and (2) of this section in the same language or languages used for the rest of the communication in which the debt collector conveyed the disclosures. Any translation of the disclosures a debt collector uses must be complete and accurate. — 12 CFR 1006.18(e)

Official Interpretations on (e) mechanics:

1. Communication. A limited-content message, as defined in § 1006.2(j), is not a communication, as that term is defined in § 1006.2(d). Thus, a debt collector who leaves only a limited-content message for a consumer need not make the disclosures required by § 1006.18(e)(1) and (2). However, if a debt collector leaves a voicemail message for a consumer that includes content in addition to the content described in § 1006.2(j)(1) and (2) and that directly or indirectly conveys any information regarding a debt, the voicemail message is a communication, and the debt collector is required to make the § 1006.18(e) disclosures. — Supplement I to Part 1006, comment 18(e)-1

1. Example. A debt collector must make the disclosure required by § 1006.18(e)(1) in the debt collector's initial communication with a consumer, regardless of the medium of communication and regardless of whether the debt collector or the consumer initiated the communication. — Supplement I to Part 1006, comment 18(e)(1)-1 (first sentence)

§ 1006.18(f) — assumed names

(f) Assumed names. This section does not prohibit a debt collector's employee from using an assumed name when communicating or attempting to communicate with a person, provided that the employee uses the assumed name consistently and that the debt collector can readily identify any employee using an assumed name. — 12 CFR 1006.18(f)

1. Readily identifiable by the employer. … A debt collector may use any method of managing assumed names that enables the debt collector to determine the true identity of any employee using an assumed name. For example, a debt collector may require an employee to use the same assumed name when communicating or attempting to communicate with any person and may prohibit any other employee from using the same assumed name. — Supplement I to Part 1006, comment 18(f)-1

Plain English

Interpretation — if this conflicts with the quotes above, the quotes win.

• § 1006.18 mirrors FDCPA § 807 (15 U.S.C. 1692e): an open-ended ban on anything false, deceptive, or misleading, plus a non-exhaustive list of per-se violations (fake attorney involvement, fake government affiliation, misstating the amount/character/legal status of the debt, empty threats, simulated legal documents, false names).
• The mini-Miranda lives at (e): the initial communication needs the full "attempting to collect a debt / any information obtained will be used for that purpose" statement; if that initial communication was oral, the full statement must be repeated in the first written communication. Every subsequent communication needs only "this communication is from a debt collector."
• Formal pleadings are exempt from (e); limited-content messages (§ 1006.2(j)) don't trigger it because they aren't "communications" at all.
• (e)(4) is a Reg F addition with no direct statutory analog: if any part of the communication is in Spanish (or any other language), the mini-Miranda must be in that language too, and the translation must be complete and accurate.
• Assumed names ("desk names") are permitted, but only if used consistently and the agency can map the alias back to the real employee.

Traps / edge cases

• (e) is not the caller-ID/meaningful-disclosure rule. "Meaningful disclosure of the caller's identity" on phone calls is § 1006.14(g) (FDCPA 1692d(6)). § 1006.18(e) is the purpose-of-communication disclosure. Both must be handled; they are different gates.
• Oral initial contact = the disclosure fires twice — once orally, then again in the first written communication (§ 1006.18(e)(1), second sentence).
• Consumer-initiated calls count: if the consumer calls back after a limited-content message, that call IS the initial communication and needs the full (e)(1) disclosure (comment 18(e)(1)-1).
• Mixed-language communications: comment 18(e)(4)-1.i — a communication partly in English and partly in Spanish requires the disclosure in both languages.
• § 1006.18(c)(2) reaches credit reporting: furnishing information the collector knows or should know is false — including failing to report a disputed debt as disputed — is a false-representation violation, independent of § 1006.30(a).
• False name vs. assumed name: (c)(4) bans a false business name; (f) permits an individual employee alias under controls. Don't conflate them.
• The Supplement I social-media commentary (comment 18(d)-1) makes a friend/contact request without disclosing debt-collector identity a deceptive means.

Related

• overview.md — Reg F structure, coverage, consumer-debt scope
• ../fdcpa/false-misleading.md — the statute (15 U.S.C. 1692e) this implements
• unfair-practices.md — § 1006.22 (the companion unfairness section)
• ../fdcpa/unfair-practices.md
• ../cfpb-guidance/pay-to-pay-fees.md