Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney

State:
Multi-State
City:
Houston
Control #:
US-DCPA-19.4BG
Format:
Word; 
Rich Text
Instant download

Description

Section 807 of the Fair Debt Collection Practices Act (15 USC 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:

"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."

Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, Zip] Subject: False Representation or Implication of Attorney Association in Debt Collection Activities Dear [Debt Collection Agency Name], I am writing in response to your recent communication regarding the alleged debt owed by me. This letter is to inform you that I have become aware of false or misleading misrepresentations in your collection activities, specifically the false representation or implication that your entity is an attorney or that the communication is from an attorney. Pursuant to the Fair Debt Collection Practices Act (FD CPA), it is unlawful for a debt collector to misrepresent themselves as an attorney or to falsely imply the involvement of an attorney in the debt collection process. Upon reviewing your initial communication, I noticed that it contains language and references that lead to an impression that your entity may possess the legal authority and professional expertise of an attorney. The FD CPA clearly states that debt collectors are not attorneys and should not imply or create an impression that they are providing legal advice or acting on behalf of legal representation. Such practices can cause confusion, anxiety, and duress for consumers who may be compelled to believe they are dealing with a legal professional or an entity with legal authority. As the recipient of your communication, I assert my rights under the FD CPA and kindly request that you promptly cease all false representation or implication that your entity is an attorney or that your communication is from an attorney. Please ensure that any future correspondences, phone calls, or any other form of communication from your agency comply with the requirements of the FD CPA. Failure to rectify this issue within [mention a reasonable timeframe, e.g., 10 business days] from the receipt of this letter will leave me no choice but to take appropriate legal action to protect my rights under the FD CPA. This may include reporting your agency's non-compliance to the relevant regulatory authorities, seeking legal counsel, and pursuing a private cause of action for violations. Furthermore, I also request that you provide me with written confirmation of your compliance with this request within the aforementioned timeframe. Failure to provide such confirmation would be considered a further violation of the FD CPA. Thank you for your immediate attention to this matter. I expect a swift resolution of this issue and an assurance that my rights as a consumer will be respected. Sincerely, [Your Name]

Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, Zip] Subject: False Representation or Implication of Attorney Association in Debt Collection Activities Dear [Debt Collection Agency Name], I am writing in response to your recent communication regarding the alleged debt owed by me. This letter is to inform you that I have become aware of false or misleading misrepresentations in your collection activities, specifically the false representation or implication that your entity is an attorney or that the communication is from an attorney. Pursuant to the Fair Debt Collection Practices Act (FD CPA), it is unlawful for a debt collector to misrepresent themselves as an attorney or to falsely imply the involvement of an attorney in the debt collection process. Upon reviewing your initial communication, I noticed that it contains language and references that lead to an impression that your entity may possess the legal authority and professional expertise of an attorney. The FD CPA clearly states that debt collectors are not attorneys and should not imply or create an impression that they are providing legal advice or acting on behalf of legal representation. Such practices can cause confusion, anxiety, and duress for consumers who may be compelled to believe they are dealing with a legal professional or an entity with legal authority. As the recipient of your communication, I assert my rights under the FD CPA and kindly request that you promptly cease all false representation or implication that your entity is an attorney or that your communication is from an attorney. Please ensure that any future correspondences, phone calls, or any other form of communication from your agency comply with the requirements of the FD CPA. Failure to rectify this issue within [mention a reasonable timeframe, e.g., 10 business days] from the receipt of this letter will leave me no choice but to take appropriate legal action to protect my rights under the FD CPA. This may include reporting your agency's non-compliance to the relevant regulatory authorities, seeking legal counsel, and pursuing a private cause of action for violations. Furthermore, I also request that you provide me with written confirmation of your compliance with this request within the aforementioned timeframe. Failure to provide such confirmation would be considered a further violation of the FD CPA. Thank you for your immediate attention to this matter. I expect a swift resolution of this issue and an assurance that my rights as a consumer will be respected. Sincerely, [Your Name]

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Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney