Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:
"(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof."
Alaska Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States Subject: Cease & Desist Letter — False Representation of Affiliation with Government [Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Collector's Address] [City, State, Zip] Dear Sir/Madam, Re: Account Reference Number: [Account Number] I am writing to bring to your attention a serious matter regarding the collection activities performed by your agency, related to the above-referenced account. It has come to my attention that your debt collection agency has been engaging in false or misleading misrepresentations in collection activities by falsely representing or implying that your agency is vouched for, bonded by, or affiliated with the United States government. Under the Fair Debt Collection Practices Act (FD CPA) and the Alaska Consumer Protection Act, it is prohibited for debt collectors to engage in any false, misleading, or deceptive representation while attempting to collect a debt. Specifically, falsely implying an affiliation with the United States government can mislead and deceive consumers, potentially leading them to take action based on inaccurate information. In light of this, I demand that your agency immediately and permanently cease and desist any further engagement in false representation or implication that you are vouched for, bonded by, or affiliated in any way with the United States government. Failure to comply with this request could result in potential legal action being taken against your agency, including filing a formal complaint with the appropriate regulatory authorities and seeking legal remedies available to me under federal and state consumer protection laws. I kindly request that you acknowledge receipt of this letter within 10 days from the date of its receipt. Additionally, I would appreciate you providing written confirmation that you have taken appropriate measures to rectify the misleading representation mentioned above. Please note that any communication from your agency should only be related to the validation of the debt or confirming any actions taken to address the issues outlined in this letter. Any further communications that do not adhere to the aforementioned guidelines will be considered a violation of my rights as a consumer and will be reported accordingly. I anticipate your immediate attention to this matter and a prompt resolution in order to avoid further legal complications. Thank you for your cooperation. Sincerely, [Your Name] [Your Account Number] (if applicable)
