Virginia 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

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US-DCPA-19.4BG
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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."

Virginia 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 Dear [Debt Collector's Name], I am writing to express my concern regarding the recent collection activities conducted by your company. It has come to my attention that you have been falsely representing or implying that you are an attorney, or that your communication with me is from an attorney. I would like to inform you that such actions are in violation of the Virginia Fair Debt Collection Practices Act. Under the Virginia Fair Debt Collection Practices Act, it is prohibited for debt collectors to falsely represent themselves as attorneys or imply that their communication is from an attorney. The purpose of this legislation is to protect consumers like myself from deceptive or misleading collection practices. I would like to bring to your attention the specific instances where I believe you have falsely represented or implied that you are an attorney or that your communication is from an attorney: 1. [Describe the specific incident(s) where the debt collector falsely represented as an attorney or implied communication from an attorney] I would like to remind you that as a debt collector, it is your responsibility to adhere to the legally established rules and guidelines concerning debt collection practices. Misrepresenting yourself as an attorney or implying that your communication is from an attorney is a serious violation of consumer rights and can result in legal consequences. I demand that you immediately cease any false representation or implication that you are an attorney or that your communication is from an attorney. I expect that all future communication from your company will be clear, truthful, and in compliance with the Virginia Fair Debt Collection Practices Act. Furthermore, I request that you provide written confirmation within [mention a reasonable time frame, such as 14 days] that you have taken appropriate actions to rectify the false representation or implication. Failure to do so will leave me with no choice but to pursue legal remedies available to me under the law. I trust that you will handle this matter promptly and effectively. I appreciate your attention to this serious issue and hope that we can resolve it amicably. Sincerely, [Your Name] [Your Address] [City, State, Zip Code]

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FAQ

Debt Validation Letter Example I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.

A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.

I am writing this letter to bring to your notice the following information added to my credit report. The [dispute item] along with the [creditor's name] are falsely added to my credit report without my prior knowledge. The mentioned details are incorrect and I request you to revise the report after due diligence.

To further establish as evidence the date and fact that you sent the debt collector a DV letter, it's a good idea to have someone else mail your DV letter along with an "Affidavit of Mailing". This signed and notarized affidavit by a third party will firmly establish your evidence of mailing the DV letter.

Dear debt collector: I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. You can contact me about this debt, but only in the way I say below.

If a debt collector doesn't send a debt validation letter, you should request one ? especially if you plan to dispute the debt and avoid the collections process. Collectors who don't send these letters could get in trouble with the Federal Trade Commission (FTC) if you file a complaint against them.

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.

Your Right to a Validation of the Debt After receiving your request, the debt collector must provide you with information about the debt, including the amount owed and to whom it was owed. Collection activities must stop until they provide this information.

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False or misleading representations ... A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection ... A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not ...Send this letter as soon as you can -- if at all possible, within 30 days of when a debt collector contacts you the first time about a debt. This is important ... Aug 4, 2023 — Section 5-16-107 prohibits a collector from using false, deceptive, or misleading representations in connection with collecting a debt. (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f) of this. This is the accessible text file for GAO report number GAO-10-593T entitled 'Debt Settlement: Fraudulent, Abusive, and Deceptive Practices Pose Risk to ... May 20, 2019 — However, debt collection communications also may constitute unfair practices, may contain false or misleading representations, or may be ... Sep 25, 2021 — A creditor is a debt collector for purposes of this act if: He uses a name other than his own to collect his debts, including a fictitious name. Mar 21, 2016 — A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Jan 19, 2021 — Similarly, FDCPA section 807 generally prohibits a debt collector from “us[ing] any false, deceptive, or misleading representation or means in ...

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Virginia 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