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: Washington Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States Introduction: This letter aims to address and rectify false or misleading misrepresentations made by a debt collector in their collection activities. Specifically, it highlights the issue of the debt collector falsely representing or implying that they are vouched for, bonded by, or affiliated with the United States. Such deceptive practices violate consumer rights and mislead individuals into believing a false association with a government entity. To safeguard your rights, it is crucial to be aware of this particular violation and utilize the appropriate course of action. Body: 1. Description of the Violation: In accordance with the Fair Debt Collection Practices Act (FD CPA), it is unlawful for debt collectors to falsely represent their association or endorsement by the United States government. This prohibition extends to any misleading implications that may suggest such an association, including claims of being vouched for, bonded by, or affiliated with the United States. In identifying this violation, review the collections communications you have received for any explicit or implicit links made to the U.S. government. 2. Impact and Consumer Rights: Misleading consumers with false representations or implications that a debt collector enjoys a government affiliation infringes upon consumer protection rights. As a recipient of such communications, you are entitled to accurate and truthful information regarding debt collection activities. Raising awareness of this violation can help protect your rights and challenge unfair practices. 3. Necessary Preparations: Before addressing the debt collector, gather all relevant documentation concerning the collections communications in question. Ensure you have copies of letters, notices, or any other forms of communication that contain false or misleading representations of a connection to the United States government. These will strengthen your case when reporting the violation to the appropriate entities. 4. Writing the Letter: a. Addressing the Debt Collector: Begin by addressing the debt collector or the agency properly, including their name, address, and contact details. This information is typically available in the communication received or on their official website if necessary. b. Clearly State the Purpose: Briefly outline your intention to inform the debt collector about their false or misleading representations, particularly those asserting a vouched for, bonded by, or affiliated status with the United States. c. Provide Specific Examples: Mention the specific instances where these false or misleading representations were encountered. Refer to the collections communications, citing dates, content, and any other relevant information that can assist in identifying the violation accurately. d. Demand Immediate Corrective Action: Request that the debt collector immediately cease making false representations or implications. Insist on their commitment to no longer mislead or deceive consumers in regard to their purported association with the United States. e. Preserve Consumer Rights: Highlight your awareness of consumer protection rights granted by the FD CPA and emphasize your intention to report this violation to the appropriate regulatory bodies if necessary. f. Maintain a Professional Tone: While it is essential to assert your rights, maintain a polite and professional tone throughout the letter. Clearly communicate your displeasure and expectations, avoiding personal attacks or aggressive language. Conclusion: By addressing the false or misleading misrepresentations made by debt collectors in their collection activities, with a particular focus on those asserting a connection to the United States, you are ensuring the protection of your consumer rights. Engage in the necessary preparation, draft a well-crafted letter, and assertively demand corrective action. Remember, by standing up against deceptive practices, you contribute to the promotion of fair and ethical debt collection practices.
