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: San Diego, California: Letter Exposing False Representation Implying Debt Collector as an Attorney or the Communication Originating from an Attorney Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a concerning matter regarding the collection activities undertaken by your organization. It has come to my attention that there have been instances where false or misleading representations have been used, implying that your debt collection agency is an attorney or that the communication itself originates from an attorney. This deceptive practice is in violation of both federal and state laws governing debt collection activities and is a serious matter. As a resident of San Diego, California, I am fully aware of the rights and protections provided under the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). These laws explicitly state that a debt collector cannot represent themselves as an attorney or mislead debtors into believing that communication is from an attorney. False representation or implication that your organization is an attorney or that the communication originates from an attorney is not only misleading but also highly unethical. Such deceptive practices can cause unnecessary distress and confusion for individuals who are already facing financial difficulties. It is crucial to adhere to fair and transparent collection practices, respecting the rights of debtors and upholding the integrity of the debt collection industry as a whole. I kindly request that you immediately cease any further false or misleading representations that imply your organization's identity as an attorney or that the communication stems from an attorney. Additionally, I expect your agency to: 1. Provide written confirmation within 30 days that you have ceased these false representations and misleading implications. 2. Acknowledge that any continued false representations or misleading implications will be met with appropriate legal action. Please be advised that any violation of the FD CPA or RFD CPA may result in legal consequences, including reporting the misconduct to the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and the California Attorney General's Office. It is in both our interests to resolve this matter promptly and amicably. Should you have any questions or require any further information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I expect your immediate attention to this matter and look forward to receiving your written confirmation indicating that these false representations will cease immediately. Yours sincerely, [Your Full Name] [Your Address] [City, State, ZIP] [Date]Subject: San Diego, California: Letter Exposing False Representation Implying Debt Collector as an Attorney or the Communication Originating from an Attorney Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a concerning matter regarding the collection activities undertaken by your organization. It has come to my attention that there have been instances where false or misleading representations have been used, implying that your debt collection agency is an attorney or that the communication itself originates from an attorney. This deceptive practice is in violation of both federal and state laws governing debt collection activities and is a serious matter. As a resident of San Diego, California, I am fully aware of the rights and protections provided under the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). These laws explicitly state that a debt collector cannot represent themselves as an attorney or mislead debtors into believing that communication is from an attorney. False representation or implication that your organization is an attorney or that the communication originates from an attorney is not only misleading but also highly unethical. Such deceptive practices can cause unnecessary distress and confusion for individuals who are already facing financial difficulties. It is crucial to adhere to fair and transparent collection practices, respecting the rights of debtors and upholding the integrity of the debt collection industry as a whole. I kindly request that you immediately cease any further false or misleading representations that imply your organization's identity as an attorney or that the communication stems from an attorney. Additionally, I expect your agency to: 1. Provide written confirmation within 30 days that you have ceased these false representations and misleading implications. 2. Acknowledge that any continued false representations or misleading implications will be met with appropriate legal action. Please be advised that any violation of the FD CPA or RFD CPA may result in legal consequences, including reporting the misconduct to the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and the California Attorney General's Office. It is in both our interests to resolve this matter promptly and amicably. Should you have any questions or require any further information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I expect your immediate attention to this matter and look forward to receiving your written confirmation indicating that these false representations will cease immediately. Yours sincerely, [Your Full Name] [Your Address] [City, State, ZIP] [Date]
