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."
Dear [Debt Collector's Name], I am writing to inform you of a matter that has come to my attention regarding your collection activities. It has been brought to my attention that, in your efforts to collect a debt from me, you have been using a business name other than your true name, which I believe may be considered false or misleading misrepresentations under the Fair Debt Collection Practices Act (FD CPA) regulations. Upon receiving communications from your agency under the [Business Name], I was initially confused as I had no prior knowledge or dealings with a company by that name. After conducting some research, I discovered that the [Business Name] is not your true business name, but rather a façade used for debt collection purposes. The FD CPA explicitly prohibits debt collectors from using any name other than their true name in connection with the collection of any debt. The use of a false or misleading name is misleading to consumers and can cause unnecessary confusion and distress, which is inconsistent with the spirit of fair debt collection practices. I kindly request that you cease using the [Business Name] immediately and resume all communications using your true business name. By doing so, you will be transparent and comply with the FD CPA regulations, ensuring a fair and respectful debt collection process. Failure to rectify this misrepresentation within [reasonable timeframe, e.g., 15 days] may leave me with no choice but to consider taking legal action to address these violations. Please be aware that under the FD CPA, if a court determines that you have willfully violated the law, you may be liable for statutory damages, actual damages, attorney's fees, and court costs. I hope that we can resolve this matter amicably, without the need for further legal action. I have enclosed copies of the correspondence received that exhibit the misleading use of the [Business Name] for your reference. Furthermore, I look forward to your prompt attention to this matter, and I anticipate your compliance with the FD CPA regulations regarding the use of your true business name. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], I am writing to inform you of a matter that has come to my attention regarding your collection activities. It has been brought to my attention that, in your efforts to collect a debt from me, you have been using a business name other than your true name, which I believe may be considered false or misleading misrepresentations under the Fair Debt Collection Practices Act (FD CPA) regulations. Upon receiving communications from your agency under the [Business Name], I was initially confused as I had no prior knowledge or dealings with a company by that name. After conducting some research, I discovered that the [Business Name] is not your true business name, but rather a façade used for debt collection purposes. The FD CPA explicitly prohibits debt collectors from using any name other than their true name in connection with the collection of any debt. The use of a false or misleading name is misleading to consumers and can cause unnecessary confusion and distress, which is inconsistent with the spirit of fair debt collection practices. I kindly request that you cease using the [Business Name] immediately and resume all communications using your true business name. By doing so, you will be transparent and comply with the FD CPA regulations, ensuring a fair and respectful debt collection process. Failure to rectify this misrepresentation within [reasonable timeframe, e.g., 15 days] may leave me with no choice but to consider taking legal action to address these violations. Please be aware that under the FD CPA, if a court determines that you have willfully violated the law, you may be liable for statutory damages, actual damages, attorney's fees, and court costs. I hope that we can resolve this matter amicably, without the need for further legal action. I have enclosed copies of the correspondence received that exhibit the misleading use of the [Business Name] for your reference. Furthermore, I look forward to your prompt attention to this matter, and I anticipate your compliance with the FD CPA regulations regarding the use of your true business name. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
