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."
Guam 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 Date: [Insert Date] Debt Collector's Name: [Insert Debt Collector's Name] Debt Collector's Address: [Insert Debt Collector's Address] Your Reference Number: [Insert Reference Number/Account Number] Dear [Debt Collector's Name], I am writing to bring to your attention false or misleading misrepresentations made by your collection agency regarding your affiliation with the United States government. It has come to my attention that your agency has been making false claims, implying that you are vouched for, bonded by, or affiliated with the United States in your collection activities related to my debt. I would like to clarify that I am fully aware of my rights and responsibilities as a consumer under the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from engaging in deceptive or misleading practices. Section 807(11) of the FD CPA explicitly states that it is unlawful to falsely represent or imply that the debt collector is vouched for, bonded by, or affiliated with the United States government or any state, including Guam. By falsely representing or implying this affiliation, your agency is engaging in a violation of the FD CPA. This type of deceptive practice not only misleads me as the debtor but also potentially violates the rights of other consumers who may be targeted by your misleading collection tactics. I hereby demand that you immediately cease and desist any further false representation or implication that you are vouched for, bonded by, or affiliated with the United States government. Failure to do so will result in my pursuit of legal remedies available to me under the FD CPA. Furthermore, I request that you provide me with written confirmation within [insert timeframe, e.g., 15 days from receipt of this letter] that you have ceased all false or misleading misrepresentations regarding your affiliation with the United States government. In the absence of such confirmation, I will take appropriate action to protect my rights and report your agency's noncompliance to the appropriate authorities. Please be aware that I am keeping records of all interactions, including phone calls, emails, and letters, related to this matter. Should it become necessary, I will not hesitate to provide this evidence to support my claims against your agency. I expect prompt and appropriate action to rectify this situation and to ensure that your agency complies with all applicable laws and regulations governing debt collection practices. Thank you for your immediate attention to this matter. Sincerely, [Your Name] [Your Address] [Your Contact Information]
