Suffolk New York 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

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Multi-State
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Suffolk
Control #:
US-DCPA-19.3BG
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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."

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency's Name] [Agency's Address] [City, State, ZIP Code] Subject: False Representation or Implication of Affiliation with the United States Dear [Debt Collection Agency's Name], I am writing this letter to express my concerns regarding the recent communication I received from your agency regarding a debt that you claim I owe. It has come to my attention that there may be false or misleading misrepresentations in your collection activities, particularly the false representation or implication that your agency is vouched for, bonded by, or affiliated with the United States. Upon reviewing the correspondence I received from your agency, dated [date of correspondence], it was explicitly stated or implied that your agency has a direct affiliation with the United States government. This false representation is misleading and may mislead individuals into believing that your collection activities are backed or endorsed by a government entity, which is not the case. Under the Fair Debt Collection Practices Act (FD CPA), specifically section 807(10), it is strictly prohibited for debt collectors to use any false representation or implication that they are vouched for, bonded by, or affiliated with the United States government. Such misrepresentations can confuse and mislead consumers, violating their rights and potentially causing reputational harm. I kindly request that your agency immediately ceases to make any false or misleading claims that create the impression of an affiliation with the United States government. I expect prompt action from your agency to correct this issue to ensure compliance with the FD CPA. Furthermore, I remind you that under the FD CPA, I have the right to request validation of the debt you claim I owe. I hereby request that you provide me, in writing, with all necessary documentation verifying the existence and validity of the alleged debt. Please be aware that any further violations of the FD CPA will not be tolerated and may result in legal action. I hope that we can resolve this matter amicably without escalating the situation. I expect your agency to acknowledge receipt of this letter within 15 days and to provide a written response regarding your actions to address the false representation. Your prompt attention to this matter will be appreciated. Thank you for your immediate attention to this matter. Sincerely, [Your Name]

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FAQ

State Debt Recovery Act 2018 No 11 - NSW Legislation.

Legal rights when dealing with debt collectors Under the Australian Consumer Law, a debt collector must not: use physical force or coercion (forcing or compelling you to do something) harass or hassle you to an unreasonable extent. mislead or deceive you (or try to do so)

The Australian Collectors & Debt Buyers Association Code of Practice (Code) is the industry code of the Australian Collectors & Debt Buyers Association (ACDBA). Compliance with this Code is a compulsory obligation for ACDBA members.

Harassment of the debtor by the creditor More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from placing repeated or continuous telephone calls or conversations to you with the intent to harass, oppress, or abuse you.

Creditor harassment is any type of unsolicited and repeated contact from the creditor or a debt collection agency that disturbs you, frightens you, or makes you feel threatened.

No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

Debt collectors are generally prohibited under federal law from using any false, deceptive, or misleading misrepresentation in collecting a debt. The federal law that prohibits this is called the Fair Debt Collection Practices Act (FDCPA).

Harassment or Abuse Specifically, it can't: use or threaten to use violence. harm or threaten to harm you, another person, or your or another person's reputation or property. use obscene, profane, or abusive language.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code §? 1692d).

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CJS Federal Courts § 92, Cases Involving State Law. CJS Federal Courts § 93, Cases Arising Under Constitution of United States.

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Suffolk New York 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