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."
Title: New Jersey Letter Informing Debt Collector of False or Misleading Claims of Affiliation with the United States Introduction: When dealing with debt collectors, it is essential to be aware of your rights as a consumer. In New Jersey, legislation has been enacted to protect individuals from deceptive collection practices. This letter serves as a formal communication to inform a debt collector that their representation or implication of being vouched for, bonded by, or affiliated with the United States is false or misleading. By asserting your rights and bringing attention to these misleading claims, you can ensure fair treatment and potentially prevent further harassment or misrepresentation. [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: False Representation of Affiliation with the United States Dear [Debt Collector's Name], I am writing this letter to address the recently received communications from your agency regarding the collection of a debt allegedly owed by myself. While I acknowledge the existence of the debt in question, I am concerned about the false or misleading misrepresentations made by your agency, specifically the claim that you are vouched for, bonded by, or affiliated with the United States government. It has come to my attention that such a claim is in direct violation of the Fair Debt Collection Practices Act (FD CPA) and the New Jersey Consumer Fraud Act. Section 807(2)(A) of the FD CPA states that a debt collector may not make any false representation or implication that they are a government representative. This includes deceptive claims of affiliation with federal bodies, such as the United States government. My concerns are further supported by the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-2.4(d)). This act prohibits debt collectors from engaging in any unconscionable commercial practices, including false or misleading representations. By misleadingly implying an affiliation with the United States government, your agency is in direct violation of this statute. I hereby request that your agency ceases and desists from making any further false or misleading claims of affiliation with the United States government in any future communications related to the debt in question. Failure to comply with this request may result in the filing of a complaint with the appropriate regulatory authorities, including but not limited to the New Jersey Division of Consumer Affairs and the Consumer Financial Protection Bureau. I trust that you will acknowledge the seriousness of this matter and take immediate action to rectify the false or misleading representation made by your agency. I expect a written response within 20 days from the date of receipt of this letter, confirming your agency's compliance with my request. Additionally, please provide written assurance that all future communications regarding this debt will be conducted in accordance with the provisions of the FD CPA and other applicable laws. Thank you for your prompt attention to this matter. I anticipate a swift resolution that respects my rights as a consumer. Sincerely, [Your Name]
