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: New York 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 the state of New York, it is essential to address any false or misleading misrepresentations made by debt collectors during their collection activities. One common misrepresentation is when the debt collector falsely represents themselves as an attorney or implies that their communication is from an attorney. This letter serves to inform the debt collector of their misleading actions and request corrective measures. Keywords: New York, debt collector, false or misleading misrepresentations, collection activities, false representation, implication, attorney, communication, letter informing, debt, corrections. --- [Your Name] [Your Address] [City, State, Zip Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, Zip Code] Subject: False or Misleading Representation as an Attorney and Misleading Communication Dear [Debt Collector's Name], I hope this letter finds you well. I wanted to bring to your attention a matter of concern regarding the representation and communication practices carried out by your agency during debt collection activities. It has come to my attention that there may have been instances where your agency, or representatives thereof, have falsely represented themselves as attorneys or have implied that the communication received from your agency is originating from an attorney. Such actions constitute false or misleading misrepresentations, and it is important to address this issue promptly. According to the Fair Debt Collection Practices Act (FD CPA) and the New York State laws governing debt collection, it is unlawful for a debt collector to deceive or mislead consumers by falsely representing themselves as attorneys or creating an implication that the communication is originating from an attorney. These acts are explicitly prohibited and can lead to legal consequences. As a responsible consumer and citizen, I kindly request that you take immediate action to rectify this situation. It is essential that I am provided with appropriate clarification regarding the true nature and identity of the individual(s) behind any communication related to the debt collection. To ensure compliance with the aforementioned legal provisions and to protect my rights as a consumer, I kindly request that you: 1. Cease any representation or implication that your agency or its representatives are attorneys or that the communication received is from an attorney. 2. Provide written confirmation within [specify a reasonable timeframe, e.g., 14 days] that all future communications will adhere to the provisions stipulated by the FD CPA and the New York laws governing debt collection. Failure to comply with these requests may result in further legal actions to protect my rights and seek appropriate remedies as provided by law. I trust that you will handle this matter seriously and will take the necessary steps to rectify the situation promptly. Please acknowledge receipt of this letter and confirm the actions you take to address the issue. Thank you for your prompt attention to this matter. I look forward to receiving your response. Sincerely, [Your Name] --- Note: The above letter provides a general outline addressing the false or misleading misrepresentation that a debt collector is an attorney or that communication is from an attorney. However, it is always recommended consulting with a legal professional or consumer protection agency to tailor the letter to your specific situation or for additional assistance.
