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."
Subject: Inaccurate Representations in Collection Activities — Denial of Attorney Identity or Communication Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a matter of significant concern regarding your recent collection activities associated with the debt owed by [Debtor's Name] in relation to account number [Account Number]. Please note that this is a formal complaint regarding the false representation or implication that you or your agency are acting as attorneys, or that any communication received from your end is originating from an attorney. In recent correspondence received from your agency, specifically on [Date of Communication] and [Date of Communication], it has come to my attention that certain misleading statements were made, indicating that you possess the legal qualifications or are acting on behalf of an attorney. Paragraph [Number or Description] of the provided communication falsely suggests or implies that you are authorized representatives of legal professionals, which is factually incorrect and misleading. It is important to clarify that such misrepresentations potentially violate the Fair Debt Collection Practices Act (FD CPA) as well as state laws, including those in Los Angeles, California that regulate debt collection activities. As outlined in the FD CPA, Section 807 of Title 15, it is prohibited for debt collectors to falsely represent themselves as attorneys or imply that communications derive from legal practitioners, unless such representation is specifically accurate. Misleading or false representation is an unethical practice that can cause emotional distress, confusion, and potential harm to debtors who may be unaware of their rights and options. As a consumer's advocate and in adherence to California State laws, I kindly request that you immediately cease and desist any false statements regarding your affiliation with legal professionals. Your compliance with this request will help promote transparency, protect consumer rights, and avoid further potential legal actions. In addition to rectifying the misrepresentation, I kindly request that you provide a written response to this letter, within 30 days from its receipt, confirming that you have taken the necessary steps to address this issue. Your response should include details of the actions undertaken to prevent any future occurrence of these misleading practices within your agency. In the unfortunate event that no appropriate action is taken by your agency, I will be compelled to report this matter to the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and other relevant regulatory authorities. I trust that your commitment to ethical practices and legal compliance will ensure that such measures are unnecessary. Thank you for your prompt attention to this matter. I insist on the importance of accurate and honest communications in debt collection activities, as it ultimately contributes to maintaining public trust and encourages responsible actions within the industry. Sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number]Subject: Inaccurate Representations in Collection Activities — Denial of Attorney Identity or Communication Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a matter of significant concern regarding your recent collection activities associated with the debt owed by [Debtor's Name] in relation to account number [Account Number]. Please note that this is a formal complaint regarding the false representation or implication that you or your agency are acting as attorneys, or that any communication received from your end is originating from an attorney. In recent correspondence received from your agency, specifically on [Date of Communication] and [Date of Communication], it has come to my attention that certain misleading statements were made, indicating that you possess the legal qualifications or are acting on behalf of an attorney. Paragraph [Number or Description] of the provided communication falsely suggests or implies that you are authorized representatives of legal professionals, which is factually incorrect and misleading. It is important to clarify that such misrepresentations potentially violate the Fair Debt Collection Practices Act (FD CPA) as well as state laws, including those in Los Angeles, California that regulate debt collection activities. As outlined in the FD CPA, Section 807 of Title 15, it is prohibited for debt collectors to falsely represent themselves as attorneys or imply that communications derive from legal practitioners, unless such representation is specifically accurate. Misleading or false representation is an unethical practice that can cause emotional distress, confusion, and potential harm to debtors who may be unaware of their rights and options. As a consumer's advocate and in adherence to California State laws, I kindly request that you immediately cease and desist any false statements regarding your affiliation with legal professionals. Your compliance with this request will help promote transparency, protect consumer rights, and avoid further potential legal actions. In addition to rectifying the misrepresentation, I kindly request that you provide a written response to this letter, within 30 days from its receipt, confirming that you have taken the necessary steps to address this issue. Your response should include details of the actions undertaken to prevent any future occurrence of these misleading practices within your agency. In the unfortunate event that no appropriate action is taken by your agency, I will be compelled to report this matter to the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and other relevant regulatory authorities. I trust that your commitment to ethical practices and legal compliance will ensure that such measures are unnecessary. Thank you for your prompt attention to this matter. I insist on the importance of accurate and honest communications in debt collection activities, as it ultimately contributes to maintaining public trust and encourages responsible actions within the industry. Sincerely, [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number]
