Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1692e, provides, in part, as follows:
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:
"(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof."
Arizona Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities: False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States Subject: Cease and Desist False Representations — Debt Collection Activities Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to you to bring to your attention a matter of concern regarding your debt collection activities. It has come to my attention that you have been engaging in false representation or implication that your debt collection agency is vouched for, bonded by, or in any way affiliated with the United States. This misleading misrepresentation is a violation of the Fair Debt Collection Practices Act (FD CPA) under the United States Code, Title 15, Section 1692e, which explicitly prohibits debt collectors from utilizing false, deceptive, or misleading representations in connection with debt collection. As an informed consumer, I am well aware that your organization does not possess any official endorsement, bonding, or affiliation with the United States government. Furthermore, this false representation has caused confusion and distress. It implies a level of credibility and authority that you do not possess, misleading and potentially coercing individuals into taking actions they may not have otherwise intended to. Such a misrepresentation is both unethical and illegal. I demand that you immediately cease and desist from making false representations or implications that you are vouched for, bonded by, or affiliated with the United States government in any of your debt collection communications or activities. Failure to comply with my request will leave me with no choice but to report this matter to the appropriate regulatory authorities, pursue legal actions, and seek damages as provided for under the FD CPA. I kindly request that you provide a written response within 15 days of receiving this letter, confirming your commitment to ceasing these false representations and taking corrective measures to avoid any further misleading actions in your debt collection activities. Should you fail to provide a satisfactory response within the given time frame, I will assume that legal action is necessary and will proceed accordingly. Please consider this letter as a formal notice, and any future communication regarding this matter should be in writing. I am committed to protecting my rights as a consumer and ensuring compliance with all applicable laws. Thank you for your prompt attention to this matter. I trust that you will address this issue immediately and appropriately. Yours sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number]
