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."
Subject: Official Notice: False Representation Concerning Debt Collection Affiliation with the United States Dear [Debt Collection Agency's Name], I hope this letter finds you well. I am writing to bring a serious matter to your attention regarding a false representation or implication made by your agency's associates in their collection activities. It has come to my attention that erroneous claims have been made, suggesting that your debt collection agency is vouched for, bonded by, or affiliated with the United States, which is both misleading and false. The purpose of this letter is to formally notify you of this misrepresentation, educate you regarding the consequences, and request immediate rectification to avoid further legal complications. As per the Fair Debt Collection Practices Act (FD CPA), debt collectors are prohibited from deceiving or misleading debtors regarding their identity, authority, or affiliation, including misleading statements that falsely imply connection with any government entity. The following are essential details explaining the false or misleading claims I have encountered: 1. Claimed Affiliation: Associates of your debt collection agency have repeatedly insinuated in written and verbal communications that the agency is affiliated with the United States or any of its government organizations. Such misrepresentations may include phrases like "We are approved by the U.S. government" or "Our agency is bonded under the United States Treasury Department." 2. Customer Trust Exploitation: By exploiting the association with a revered entity like the United States, your agency undermines customer trust and implies a level of credibility that is inaccurate and misleading. This can be seen as deceptive and may lead to serious legal consequences. It is vital to highlight that such false representations could give rise to civil liability and potential legal action under the FD CPA and other applicable state or federal laws. Placing your debt collection agency at risk of reputational harm and potential financial damages. To resolve this matter promptly and amicably, I kindly request that you take the following actions: 1. Immediate Cease and Desist: Instruct your associates to cease and desist from any further false or misleading representations suggesting affiliation with the United States or any of its entities. 2. Internal Investigation: Conduct an internal review of your agency's training programs, scripts, communication templates, and other relevant materials to determine how and why these false representations have occurred. 3. Corrective Measures: Implement necessary corrective measures within your agency to ensure that no further false representations are made in the course of your collection activities. This may include retraining or disciplinary actions for staff found responsible for the misrepresentations. I trust that you will handle this matter with utmost seriousness and address the concerns outlined herein in a timely fashion. Failure to comply with this request may leave me no choice other than to pursue necessary legal remedies to safeguard my rights and seek appropriate compensatory actions for the harm caused by these false representations. To maintain clear and accurate record-keeping, I kindly request that you acknowledge receipt of this letter within ten calendar days from its delivery. Failure to do so will not waive your obligations or responsibilities regarding this matter. Thank you for your immediate attention to this matter. I trust that you will take the necessary steps to rectify this situation promptly and avoid any further complications. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Official Notice: False Representation Concerning Debt Collection Affiliation with the United States Dear [Debt Collection Agency's Name], I hope this letter finds you well. I am writing to bring a serious matter to your attention regarding a false representation or implication made by your agency's associates in their collection activities. It has come to my attention that erroneous claims have been made, suggesting that your debt collection agency is vouched for, bonded by, or affiliated with the United States, which is both misleading and false. The purpose of this letter is to formally notify you of this misrepresentation, educate you regarding the consequences, and request immediate rectification to avoid further legal complications. As per the Fair Debt Collection Practices Act (FD CPA), debt collectors are prohibited from deceiving or misleading debtors regarding their identity, authority, or affiliation, including misleading statements that falsely imply connection with any government entity. The following are essential details explaining the false or misleading claims I have encountered: 1. Claimed Affiliation: Associates of your debt collection agency have repeatedly insinuated in written and verbal communications that the agency is affiliated with the United States or any of its government organizations. Such misrepresentations may include phrases like "We are approved by the U.S. government" or "Our agency is bonded under the United States Treasury Department." 2. Customer Trust Exploitation: By exploiting the association with a revered entity like the United States, your agency undermines customer trust and implies a level of credibility that is inaccurate and misleading. This can be seen as deceptive and may lead to serious legal consequences. It is vital to highlight that such false representations could give rise to civil liability and potential legal action under the FD CPA and other applicable state or federal laws. Placing your debt collection agency at risk of reputational harm and potential financial damages. To resolve this matter promptly and amicably, I kindly request that you take the following actions: 1. Immediate Cease and Desist: Instruct your associates to cease and desist from any further false or misleading representations suggesting affiliation with the United States or any of its entities. 2. Internal Investigation: Conduct an internal review of your agency's training programs, scripts, communication templates, and other relevant materials to determine how and why these false representations have occurred. 3. Corrective Measures: Implement necessary corrective measures within your agency to ensure that no further false representations are made in the course of your collection activities. This may include retraining or disciplinary actions for staff found responsible for the misrepresentations. I trust that you will handle this matter with utmost seriousness and address the concerns outlined herein in a timely fashion. Failure to comply with this request may leave me no choice other than to pursue necessary legal remedies to safeguard my rights and seek appropriate compensatory actions for the harm caused by these false representations. To maintain clear and accurate record-keeping, I kindly request that you acknowledge receipt of this letter within ten calendar days from its delivery. Failure to do so will not waive your obligations or responsibilities regarding this matter. Thank you for your immediate attention to this matter. I trust that you will take the necessary steps to rectify this situation promptly and avoid any further complications. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
