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: Addressing False Representations by Debt Collectors: New Jersey Letter Informing Debt Collector of Misleading Misrepresentations regarding Attorney Status Introduction: In New Jersey, consumers have legal rights and protections against false or misleading representation by debt collectors. One such misrepresentation includes the false implication that the debt collector is an attorney or that their communication is from an attorney. This detailed description will provide an overview of the New Jersey 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: New Jersey, letter, debt collector, false representation, misleading misrepresentations, collection activities, attorney status, communication. Sample Content: 1. Purpose of the New Jersey Letter: The New Jersey Letter Informing Debt Collector of False or Misleading Misrepresentations aims to inform debt collectors about their deceptive tactics regarding the false representation or implication that the debt collector is an attorney, or that their communication is from an attorney. This letter highlights the illegality of such actions and seeks immediate rectification to protect the consumer's rights. 2. Identification and Description of False Representation: The letter should clearly state instances of false representation or misleading misrepresentations made by the debt collector. This may include falsely claiming to be an attorney, implying attorney involvement, using legal jargon, or stating that the communication is from an attorney when it is not. 3. Relevant New Jersey Laws: Cite and reference specific New Jersey statutes applicable to debt collection practices, such as the Fair Debt Collection Practices Act (FD CPA) and the New Jersey Consumer Fraud Act (CFA). Explain how the debt collector's false representation violates these laws, emphasizing the potential consequences for non-compliance. 4. Documentation and evidence: Provide any available evidence or documentation supporting the claim of false representation, such as written correspondence, recorded phone calls, or witnesses. Request that the debt collector also retain copies of all communication for their own records. 5. Demand for Immediate Action: Clearly state the demand for the debt collector to cease and desist from any false representations that they are an attorney or that their communication is from an attorney, within a specified timeframe (e.g., 10 business days). Emphasize the obligation to act in compliance with the law. 6. Consequences of Non-compliance: Notify the debt collector of the potential consequences should they fail to cease the false representations, which may include legal action, reporting to relevant regulatory agencies, and seeking damages for any harm caused. 7. Contact Information: Provide the consumer's contact information to ensure clear communication and a prompt response from the debt collector. Include the consumer's full name, address, phone number, and email (if applicable). Encourage the debt collector to correspond in writing as well. Types of New Jersey Letters: The New Jersey 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 may have various forms, including: 1. Informal letter by the consumer: A consumer may choose to draft an informal letter addressing the issue themselves using guidance from sample templates or legal resources. This type of letter is generally straightforward and focuses on the specific facts of the case. 2. Legal Representation letter: Some consumers may prefer to engage an attorney to handle the communication on their behalf. In this case, a lawyer will write a letter outlining the legal violations, potential consequences, and the demand for corrective action. Regardless of the type, the letter's main goal is to inform the debt collector of their misleading tactics, demand compliance with the law, and protect the consumer's rights in New Jersey's debt collection process.
