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."
Phoenix, Arizona 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 [Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, ZIP Code] Subject: False Representation or Implication of Affiliation with the United States Dear [Debt Collection Agency Name], I hope this letter finds you well. I am writing to express my deep concern regarding false or misleading misrepresentations made by your agency in your collection activities, specifically the false representation or implication that your debt collection agency is vouched for, bonded by, or affiliated with the United States government. I recently received a communication from your agency, identified as [Reference/Account Number], which contained statements suggesting a direct association with the United States government. This includes language such as "official debt collection agency," "government-approved collection agency," or any other forms of verbiage that create the false impression of endorsement or affiliation with the United States government. It is important to note that such statements are not only misleading but may also violate the Fair Debt Collection Practices Act (FD CPA). Section 807(10) of the FD CPA prohibits debt collectors from falsely representing or implying that they are vouched for, bonded by, or affiliated with any governmental organization or agency, including the United States. I expect your agency to immediately rectify this issue. I kindly request that you: 1. Cease and Desist: Immediately stop making any false or misleading representations implying an affiliation or endorsement by any governmental organization or agency, including the United States. This includes revising your collection letters, phone script, or any other communication mediums used by your agency. 2. Corrective Actions: Provide written confirmation that you have taken the necessary steps to ensure that such false or misleading statements are not made in the future. Additionally, please provide any corrective actions implemented, such as staff training, policy changes, or internal communication updates. 3. Acknowledgment: Confirm in writing within 30 days of receiving this letter that you have received it, investigated the matter, and taken the appropriate actions as outlined above. Failure to acknowledge and correct these false or misleading misrepresentations within the designated timeframe will leave me with no choice but to file a complaint with the appropriate regulatory authorities, including the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). I trust it is in your best interest to avoid any potential legal consequences resulting from non-compliance with the FD CPA provisions. I hope this issue can be resolved promptly and amicably. Furthermore, I appreciate your immediate attention and cooperation in this matter. Please direct all future communications regarding this debt to the address provided above. Thank you for your prompt action. Sincerely, [Your Name]Phoenix, Arizona 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 [Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, ZIP Code] Subject: False Representation or Implication of Affiliation with the United States Dear [Debt Collection Agency Name], I hope this letter finds you well. I am writing to express my deep concern regarding false or misleading misrepresentations made by your agency in your collection activities, specifically the false representation or implication that your debt collection agency is vouched for, bonded by, or affiliated with the United States government. I recently received a communication from your agency, identified as [Reference/Account Number], which contained statements suggesting a direct association with the United States government. This includes language such as "official debt collection agency," "government-approved collection agency," or any other forms of verbiage that create the false impression of endorsement or affiliation with the United States government. It is important to note that such statements are not only misleading but may also violate the Fair Debt Collection Practices Act (FD CPA). Section 807(10) of the FD CPA prohibits debt collectors from falsely representing or implying that they are vouched for, bonded by, or affiliated with any governmental organization or agency, including the United States. I expect your agency to immediately rectify this issue. I kindly request that you: 1. Cease and Desist: Immediately stop making any false or misleading representations implying an affiliation or endorsement by any governmental organization or agency, including the United States. This includes revising your collection letters, phone script, or any other communication mediums used by your agency. 2. Corrective Actions: Provide written confirmation that you have taken the necessary steps to ensure that such false or misleading statements are not made in the future. Additionally, please provide any corrective actions implemented, such as staff training, policy changes, or internal communication updates. 3. Acknowledgment: Confirm in writing within 30 days of receiving this letter that you have received it, investigated the matter, and taken the appropriate actions as outlined above. Failure to acknowledge and correct these false or misleading misrepresentations within the designated timeframe will leave me with no choice but to file a complaint with the appropriate regulatory authorities, including the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). I trust it is in your best interest to avoid any potential legal consequences resulting from non-compliance with the FD CPA provisions. I hope this issue can be resolved promptly and amicably. Furthermore, I appreciate your immediate attention and cooperation in this matter. Please direct all future communications regarding this debt to the address provided above. Thank you for your prompt action. Sincerely, [Your Name]
