Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 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:
"(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization."
Title: Lima, Arizona Letter to Address False or Misleading Misrepresentations by Debt Collectors Using an Incorrect Business Name Introduction: In Lima, Arizona, individuals have the right to protect themselves from debt collection practices that involve false or misleading misrepresentations by debt collectors using a business name different from their true identity. This letter aims to inform debt collectors of these unethical practices and demand immediate corrective actions. Below, we will discuss the necessary details to outline this issue effectively. 1. Addressing the Recipient: Begin the letter by addressing the debt collector's business named in the communication received. Be sure to include their mailing address and any relevant contact information. 2. Declaration of False or Misleading Misrepresentations: Clearly state that you believe the debt collector has employed false or misleading misrepresentations in collection activities by utilizing a business name other than their true name. Use concise and explicit language to describe the specific claims or actions that constitute misrepresentation. 3. Explanation of Relevant Laws and Regulations: Cite the relevant local, state, or federal laws, such as the Fair Debt Collection Practices Act (FD CPA), that prohibit the use of deceptive practices in debt collection. Highlight the specific section or provisions that protect individuals from misleading misrepresentations. 4. Supporting Evidence: Present any evidence supporting your claim. This may include copies of correspondence, recordings of phone calls, or any other documentation that proves the debt collector used an incorrect business name. Attach these supporting materials as exhibits to strengthen your case. 5. Demand for Immediate Corrective Actions: Clearly and firmly demand that the debt collector halt all misleading collection activities that involve using a false business name. Insist on compliance with applicable laws and regulations, stressing the importance of ethical and lawful conduct. 6. Request for Written Confirmation: Ask the debt collector to provide written acknowledgement of their receipt of the letter and their commitment to rectify the situation promptly. Emphasize the importance of maintaining accurate records for future reference. 7. Consequences of Non-Compliance: Specify that failure to address the issues stated in the letter or continued use of the false business name may result in legal action, including reporting the debt collector to relevant regulatory agencies or pursuing a lawsuit to seek damages. 8. Professional Tone and Courtesy: Maintain a professional and respectful tone throughout the letter. Avoid using derogatory or offensive language, as it may weaken the effectiveness and impact of your message. Conclusion: Close the letter by reiterating your expectations for the debt collector and expressing your willingness to cooperate if they take necessary corrective actions promptly. Sign the letter using your name, address, and contact information. Remember, it is advisable to consult an attorney specializing in debt collection laws or seek legal advice before addressing debt collectors to ensure your rights are protected.
