Section 807 of the Fair Debt Collection Practices Act (15 USC 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:
"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."
Maryland Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney — Introduction: In Maryland, debt collectors must adhere to strict guidelines and regulations when pursuing collections. One common violation is the false representation or implication that the debt collector is an attorney or that their communication is from an attorney. This type of misleading behavior can be concerning for consumers, potentially violating their rights and causing unnecessary distress. To address this issue, individuals can draft a well-crafted letter to inform the debt collector of their misleading misrepresentations, challenging them to rectify their actions. — Types of Maryland Letters Informing Debt Collector of False or Misleading Misrepresentations: 1. General Letter: This type of letter is used to outline the specific false representation or implication made by the debt collector and request them to cease their misleading activities. It may include evidence or copies of misleading communications received. 2. Cease and Desist Letter: If the debt collector continues their false representation after receiving the general letter, individuals can send a cease and desist letter. This letter formally demands that the debt collector stops misrepresenting themselves as an attorney or implies communication is from an attorney. It may also warn of legal action if the misleading activities persist. 3. Dispute Resolution Letter: Sometimes, individuals may decide to resolve the issue through a dispute resolution process. In this letter, individuals can request mediation or arbitration to address the false or misleading misrepresentations by the debt collector. This can be a viable option when seeking a resolution without litigation. 4. Legal Action Letter: If previous attempts to resolve the issue fail, individuals might consider sending the debt collector a legal action letter. This formal notice informs the debt collector of the violation and notifies them of the potential lawsuit that may be initiated if their misleading misrepresentations persist. It may also state the damages sought by the consumer. — Essential Sections to Include in the Letter: 1. Your Contact Information: Begin the letter with your full name, address, phone number, and email address. This allows the debt collector to respond appropriately. 2. Debt Collector's Information: Include the debt collector's name, address, phone number, and any other relevant contact information. This ensures the letter reaches the correct recipient. 3. Description of Misleading Misrepresentation: Clearly and concisely describe the false representation or implication made by the debt collector. Provide specific dates, instances, and copies of any relevant communication received. 4. Legal Rights and Violations: Outline the legal rights being violated by the debt collector's actions, referencing applicable state and federal laws such as the Fair Debt Collection Practices Act (FD CPA) or the Maryland Collection Agency Licensing Act. 5. Request for Cease and Desist: Explicitly demand that the debt collector immediately cease their false representation or implication that they are an attorney or that their communication is from an attorney. 6. Documentation: Attach copies of any supporting documentation, such as misleading letters or phone call records received from the debt collector. This substantiates your claims and strengthens your case. 7. Warning of Legal Action: If necessary, warn the debt collector of your intent to take legal action if they persist in their misleading misrepresentations. Mention the potential consequences they may face, such as penalties, fines, or legal costs. 8. Deadline for Response: Set a reasonable deadline for the debt collector to acknowledge receipt of the letter and respond appropriately. This provides them with a clear timeframe for action. — Closing: Sign the letter using your full name and include any relevant identification or account numbers related to the debt. Keep a copy of the letter for your records, including the certified mail or delivery confirmation receipt, if applicable. Remember, it is crucial to consult with an attorney knowledgeable in debt collection practices and consumer rights to ensure your letter accurately reflects your situation and legal standing.
