Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 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:
"(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval."
Phoenix Arizona Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — the Use of any Written Communication which Falsely Represents to be a Document Authorized, Issued, or Approved by any Agency of the United States Date: [Insert Date] To: [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, Zip Code] Subject: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to inform you of false or misleading misrepresentations in your collection activities, specifically regarding the use of any written communication that falsely represents to be a document authorized, issued, or approved by any agency of the United States. As a resident of Phoenix, Arizona, I am aware of my rights under the federal Fair Debt Collection Practices Act (FD CPA) and the Arizona Fair Debt Collection Practices Act (AFD CPA). It has come to my attention that your collection agency has been engaging in deceptive practices by utilizing written communications that falsely convey an affiliation with a government agency. Specifically, on [mention date], I received a letter from your agency that gave the impression of being an authorized document from a U.S. government agency. The letter used logos, symbols, layouts, or language that falsely implied an affiliation with a federal agency, such as the Internal Revenue Service (IRS) or the Social Security Administration (SSA). I would like to bring to your attention that such misrepresentations are illegal under both federal and state law. The FD CPA prohibits debt collectors from using false or misleading representations in connection with the collection of any debt. The AFD CPA also emphasizes the need for honest and fair collection practices. By creating the false impression of being associated with a government agency, you have violated the intent of these laws and caused confusion and distress. It is imperative that you immediately cease using any written communication that falsely represents to be a document authorized, issued, or approved by any agency of the United States. I demand that you take the following actions: 1. Cease and desist from further misrepresentations or deceptive practices immediately. 2. Confirm in writing within [insert reasonable timeframe, e.g., 10 business days] that you have complied with my demand and will not engage in such practices in the future. 3. Provide me with a written assurance that all false or misleading representations will be removed from my account's records and credit reports. 4. Provide a complete and accurate accounting of the debt, including copies of all relevant documents and any agreements. Failure to respond to this letter or to comply with the actions requested herein will leave me with no choice but to exercise my rights under the FD CPA and AFD CPA, which may include reporting your actions to the relevant regulatory authorities, filing complaints, and pursuing legal remedies. I trust that you will address this matter promptly and in accordance with the law. I expect your written response within [insert reasonable timeframe, e.g., 15 business days] from the date of this letter. Sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address]Phoenix Arizona Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — the Use of any Written Communication which Falsely Represents to be a Document Authorized, Issued, or Approved by any Agency of the United States Date: [Insert Date] To: [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, Zip Code] Subject: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to inform you of false or misleading misrepresentations in your collection activities, specifically regarding the use of any written communication that falsely represents to be a document authorized, issued, or approved by any agency of the United States. As a resident of Phoenix, Arizona, I am aware of my rights under the federal Fair Debt Collection Practices Act (FD CPA) and the Arizona Fair Debt Collection Practices Act (AFD CPA). It has come to my attention that your collection agency has been engaging in deceptive practices by utilizing written communications that falsely convey an affiliation with a government agency. Specifically, on [mention date], I received a letter from your agency that gave the impression of being an authorized document from a U.S. government agency. The letter used logos, symbols, layouts, or language that falsely implied an affiliation with a federal agency, such as the Internal Revenue Service (IRS) or the Social Security Administration (SSA). I would like to bring to your attention that such misrepresentations are illegal under both federal and state law. The FD CPA prohibits debt collectors from using false or misleading representations in connection with the collection of any debt. The AFD CPA also emphasizes the need for honest and fair collection practices. By creating the false impression of being associated with a government agency, you have violated the intent of these laws and caused confusion and distress. It is imperative that you immediately cease using any written communication that falsely represents to be a document authorized, issued, or approved by any agency of the United States. I demand that you take the following actions: 1. Cease and desist from further misrepresentations or deceptive practices immediately. 2. Confirm in writing within [insert reasonable timeframe, e.g., 10 business days] that you have complied with my demand and will not engage in such practices in the future. 3. Provide me with a written assurance that all false or misleading representations will be removed from my account's records and credit reports. 4. Provide a complete and accurate accounting of the debt, including copies of all relevant documents and any agreements. Failure to respond to this letter or to comply with the actions requested herein will leave me with no choice but to exercise my rights under the FD CPA and AFD CPA, which may include reporting your actions to the relevant regulatory authorities, filing complaints, and pursuing legal remedies. I trust that you will address this matter promptly and in accordance with the law. I expect your written response within [insert reasonable timeframe, e.g., 15 business days] from the date of this letter. Sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address]
