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."
Title: Illinois 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 Introduction: This letter template is designed to address an issue concerning false or misleading representations made by a debt collector, specifically those implying that they are vouched for, bonded by, or affiliated with the United States government. It aims to notify and rectify any deceptive practices of debt collectors operating within the state of Illinois. Below, you will find a detailed description of the content that can be included in the letter to effectively address this matter. Content: 1. Sender's Information: — Begin the letter with your full name, address, city, state, zip code, and contact details (phone number and email address). Ensure that the letter is typed and properly formatted. 2. Date: — Include the date on which the letter is being written. 3. Receiver's Information: — Provide the name, job title, and address of the debt collector or collection agency in question. If available, include any reference numbers or account information related to your specific debt. 4. Salutation: — Start the letter with a formal salutation, such as "Dear [Collector's Name]" 5. Opening Paragraph: — Clearly state the purpose of the letter by addressing the false representation or implication made by the debt collector, explaining that they have misled you by suggesting their affiliation or endorsement by the United States government. 6. Provide Details: — Elaborate on the specific misleading statements or actions made by the debt collector. Highlight any evidence or documentation that supports your claim. 7. Legal Violation: — Mention the relevant Illinois laws, such as the Illinois Consumer Fraud and Deceptive Business Practices Act or the Fair Debt Collection Practices Act (FD CPA), that protect consumers from false or misleading representations by debt collectors. 8. Request for Immediate Action: — Clearly state your expectation for the debt collector or collection agency to cease making false or misleading claims immediately. Emphasize that their conduct is in violation of state and federal laws. 9. Documentation and Evidence: — Enclose copies of any supporting evidence or documentation that substantiates the debt collector's false representation or implication. 10. Consequences: — Highlight the potential legal consequences the debt collector may face if they continue engaging in such deceptive practices. Mention the possible penalties, fines, legal actions, and damage to their professional reputation. 11. Conclusion and Contact Information: — Politely request a written response within a reasonable timeframe. Provide your contact information once again (name, address, phone number, and email) and indicate your willingness to cooperate if they wish to resolve the matter outside legal actions. 12. Closing: — End the letter with a professional closing, such as "Sincerely" or "Yours faithfully." 13. Signature: — Sign the letter above your printed name, indicating that the information provided is true and accurate to the best of your knowledge. Variations of the Letter: — Illinois Letter Informing Debt Collector of False Representation Implying United States Affiliation — Illinois Letter Informing Debt Collector of False Implication of Being Vouched for by the United States — Illinois Letter Informing Debt Collector of Misleading Misrepresentations in Collection Activities Implying United States Bonding.
