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."
Title: Guam Letter to Address False or Misleading Representation by Debt Collector Impersonating an Attorney Introduction: When faced with misleading collection activities implying that a debt collector is an attorney or that their communication is from a legal professional, it is essential to take appropriate action to protect your rights. This detailed letter template is designed specifically for residents of Guam and enables individuals to formally address and dispute false or misleading representations made by debt collectors attempting to impersonate attorneys. Below are different types of Guam letters informing debt collectors of such misrepresentations. 1. Guam Letter Informing Debt Collector of False Representation Implying they are an Attorney: Subject: Disputing Misleading Representation and Impersonation as an Attorney by Debt Collector [Your Full Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency's Name] [Address] [City, State, ZIP Code] Dear Sir/Madam, I am writing to dispute a false representation utilized by your agency, attempting to mislead me into believing that you or your communication has legal backing. It has come to my attention that your recent communication, [provide reference details], wrongly implied that you are an attorney or acting on behalf of legal counsel. I want to make it clear that I am fully aware of my rights under the Fair Debt Collection Practices Act (FD CPA) and Guam consumer protection laws. These laws prohibit debt collectors from making false, deceptive, or misleading representations, especially when it pertains to impersonating attorneys or suggesting their involvement. Upon discovering this misrepresentation, I promptly gathered evidence supporting my claim, including [evidence details]. I demand an immediate cessation of any false implications and misleading statements, along with a written confirmation that you will expedite the correction of your records. Failure to respond appropriately or to cease such deceptive practices will leave me with no choice but to report your agency's activities to the appropriate regulatory bodies and seek legal action for violation of consumer protection laws. I expect your prompt action and compliance within [reasonable time period, e.g., 15 days] from the date of receipt of this letter. Please direct all future communication in writing to my address mentioned above. Thank you for your immediate attention to this matter. Sincerely, [Your Full Name] [Your Contact Number] [Your Email Address] 2. Guam Letter Informing Debt Collector of False Representation Implying Communication is From an Attorney: Subject: Disputing Misleading Representation and Impersonation of Attorney's Communication by Debt Collector [Same opening and contact details as mentioned in the previous letter] Dear Sir/Madam, I am writing to dispute a false representation employed by your agency, attempting to deceive me into believing that your communication is from an attorney or has been authorized by legal counsel. It has come to my attention that your recent correspondence, dated [provide reference details], deliberately created an impression that your communication is legal in nature. As a well-informed consumer, I am fully aware of my rights under the Fair Debt Collection Practices Act (FD CPA) and Guam consumer protection laws. These laws explicitly forbid debt collectors from engaging in false, deceptive, or misleading practices, including deception regarding attorney involvement in their communication. Upon discovering this misrepresentation, I have collected substantial evidence to support my claim, including [evidence details]. I demand an immediate cessation of any false implications and misleading statements, along with a written confirmation that you will rectify your practices and establish accurate records. Failure to respond appropriately or to cease these misleading actions will leave me with no choice but to document and report your agency's activities to the relevant regulatory authorities and pursue legal action based on violations of consumer protection laws. Kindly acknowledge the receipt of this letter and provide a timely response within [reasonable time period, e.g., 15 days]. All future communication must be in writing and directed to the address mentioned above. Thank you for your prompt attention to this matter. Sincerely, [Your Full Name] [Your Contact Number] [Your Email Address] Note: It is advisable to consult with a legal professional before sending any formal correspondence to ensure accuracy and compliance with the laws applicable in Guam.
