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."
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The Fair Debt Collection Practices Act (FDCPA), (15 USC 1692 et seq.), which became effective March 20,1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
This first collection letter should contain the following information: Days past due. Amount due. Note previous attempts to collect. Summary of account. Instructions- what would you like them to do next? Due date for payment- it is important to use an actually date, not ?in the next 7 business days? as this can be vague.
Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector.
A debt verification letter doesn't have to say anything fancy. Just state that you're responding to a collection effort, you don't recognize the debt, you are demanding they prove you owe it and, if they can't, to stop contacting you. That's it.
I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.
§ 807. (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.
Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.
If you receive a text purporting to be from a debt collector, do not share personal or sensitive information via text message, especially if it's from someone you do not know. Instead, ask for validating details so you can confirm the debt and the person texting you are legitimate.
