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."
Title: North Dakota 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 Keywords: North Dakota, debt collector, false representation, misleading misrepresentation, collection activities, attorney, communication, letter informing, debt collection practices, Fair Debt Collection Practices Act Introduction: In North Dakota, individuals have the right to protect themselves from debt collectors engaging in false, misleading, or deceptive practices. If a debt collector falsely represents themselves as an attorney or implies that communication is from an attorney, it is important to address this issue promptly. This article will provide detailed information on how to write a letter informing the debt collector of such false or misleading misrepresentations in collection activities. Types of North Dakota Letters Informing Debt Collectors: 1. Main Letter: The main letter should be comprehensive, addressing the false representation or implication that the debt collector is an attorney or that the communication is from an attorney. It should clearly outline the facts, highlight any violations of the Fair Debt Collection Practices Act (FD CPA), and assert the rights of the debtor. 2. Cease and Desist Letter: In addition to the main letter, a separate cease and desist letter can be sent to the debt collector, demanding an immediate cessation of all communication regarding the debt. This will protect the debtor from future contact and give the debt collector a clear directive to refrain from further false or misleading representations. Key Sections to Include in the Letter: 1. Salutation: Begin the letter with a polite salutation, addressing the recipient by name, if known. 2. Reference Information: Provide the debt collector's name, address, and any relevant account numbers or reference details to ensure the letter is properly directed. 3. Statement of False or Misleading Misrepresentation: Clearly explain the false representation or implication made by the debt collector, such as claiming to be an attorney or indicating that the communication is from an attorney when it is not. 4. Violation of FD CPA: Highlight how these misrepresentations violate the Fair Debt Collection Practices Act, the specific section(s) that have been violated, and relevant penalties associated with non-compliance. 5. Consequences: Explicitly state the potential consequences that the debt collector may face if they continue engaging in such false or misleading practices, including legal action and reporting the violation to regulatory bodies. 6. Demand to Cease Misrepresentation: Demand that the debt collector immediately ceases all false or misleading representations, clearly instructing them to refrain from further implying that they are an attorney or that their communication is from an attorney. 7. Documentation Request: Request written confirmation within a specific timeframe that the debt collector has complied with the demand and intends to cease the false or misleading representations. 8. Contact Information: Provide contact information, including the debtor's name, address, and preferred method of communication, to ensure clear correspondence channels. 9. Closing: Conclude the letter with a polite closing, expressing the expectation of a prompt response and resolution. Sign the letter and keep a copy for personal records. It is crucial to consult with an attorney or seek legal advice for a precise understanding of the North Dakota laws and regulations regarding debt collection practices ensuring compliance in drafting such a letter.
