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."
Wayne Michigan 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 Subject: Concerns Regarding Misleading Representation of Debt Collector's Affiliation with the United States Dear [Debt Collector's Name], I am writing to address a serious concern regarding your recent collection activities on behalf of [Creditor's Name]. It has come to my attention that there have been false or misleading representations implying that your debt collection agency is vouched for, bonded by, or affiliated with the United States government. These misrepresentations are in violation of the Fair Debt Collection Practices Act (FD CPA). I have thoroughly reviewed all communications, including letters, emails, and phone conversations, wherein your debt collection agency has made false representations or implications. Such actions create confusion and create an unfair advantage by misleading debtors to believe that your agency possesses a connection or endorsement from the United States government. It is imperative to clarify that your agency lacks any affiliation, endorsement or bonding by the United States government. Any false representation suggesting otherwise is a clear violation of the FD CPA, which was enacted to protect consumer rights and prevent deceptive debt collection practices. I kindly request that you rectify this situation immediately by taking the following actions: 1. Cease all false or misleading representations that imply an affiliation or endorsement by the United States government in all future communications. 2. Provide a written confirmation within 10 days of receiving this letter that you have taken appropriate measures to stop any further misrepresentations and textual implications. 3. Disclose in writing the factual nature of your debt collection agency's affiliation, if any, with the United States government, and provide a complete explanation of any previous misleading or false representations. Failure to comply with these requests within the specified timeframe will leave me with no choice but to utilize the remedies available under the FD CPA. Please be aware that I am well-informed of my rights and will not hesitate to pursue appropriate legal actions, including reporting this matter to the Consumer Financial Protection Bureau (CFPB) and engaging legal representation if necessary. I strongly urge you to rectify this situation promptly and ensure compliance with all applicable laws and regulations governing debt collection practices. It is crucial to maintain transparency, honesty, and ethical conduct while carrying out your duties as a debt collector. Please confirm receipt of this letter by return mail no later than [insert date]. Your immediate attention and cooperation will be greatly appreciated. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
