Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney

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Multi-State
Control #:
US-DCPA-19.4BG
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Word; 
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Description

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."

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FAQ

§ 807. (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.

Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

If the debt collector knows that the consumer has retained an attorney to handle the debt and can easily ascertain the attorney's name and address, all contacts must be with that attorney, unless the attorney is unresponsive or agrees to allow direct communication with the consumer.

The Fair Debt Collection Practices Act (FDCPA), (15 USC 1692 et seq.), which became effective March 20,1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.

Under this Act (Title VIII of the Consumer Credit Protection Act), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes.

The Fair Debt Collection Practices Act (FDCPA), (15 USC 1692 et seq.), which became effective March 20,1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.

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Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney