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:
"(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency . . . ."
Dear Debt Collector, I am writing to inform you of false or misleading misrepresentations in your collection activities, specifically related to the false representation or implication that you operate or are employed by a consumer reporting agency. As a resident of Fairfax, Virginia, I am familiar with the laws and regulations surrounding debt collection practices. It has come to my attention that you have been falsely representing yourself as a consumer reporting agency during your collection efforts. This misrepresentation is a direct violation of the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from using false, deceptive, or misleading practices. By falsely representing yourself as a consumer reporting agency, you have misled me and potentially violated my rights as a consumer. This kind of misrepresentation can cause significant harm and confusion, as it may imply that your actions are backed by the authority of a reputable credit reporting agency. I would like to remind you that as a debt collector, you are required to provide accurate and truthful information about the debts you are attempting to collect. Misrepresenting your affiliation to a consumer reporting agency is not only unethical but also illegal. Therefore, I demand that you cease any further representation that implies you operate or are employed by a consumer reporting agency immediately. Failure to comply with this request will result in legal action taken against you under the provisions of the FD CPA. Please be aware that violators of this federal law may be held liable for damages, attorney fees, and court costs. I expect prompt action in rectifying this false representation in your collection activities. Additionally, I request written confirmation within 30 days that you have ceased all misleading or false representation as mentioned above. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
