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."
One type of Indiana letter informing a debt collector of false or misleading misrepresentations in collection activities is related to false representation or implication that the debt collector is an attorney or that the communication is from an attorney. In this letter, the debtor addresses concerns about the debt collector's deceptive practices and asserts their rights under the Fair Debt Collection Practices Act (FD CPA) and relevant Indiana state laws. Keywords: Indiana letter, debt collector, false or misleading misrepresentations, collection activities, false representation, implication, attorney, communication, Fair Debt Collection Practices Act, FD CPA, Indiana state laws. --- [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency] [Address] [City, State, Zip Code] Subject: Indiana Letter Informing Debt Collector of False or Misleading Misrepresentations — False Implication of Attorney Representation Dear [Debt Collector's Name], I am writing to bring to your attention some concerns regarding the recent collection activities associated with the debt assigned to your agency. Specifically, I have reason to believe that your organization has engaged in false representation or implication that you are an attorney or that the communication I received is from an attorney, which is a violation of the Fair Debt Collection Practices Act (FD CPA) and applicable Indiana state laws. Upon receiving correspondence from your agency dated [date], I noticed the language used in the letter implies that the communication comes from a legal professional or an attorney. Such false representation is clearly misleading and can cause undue anxiety and confusion for the debtor. As a consumer protected under the FD CPA and the laws of Indiana, it is crucial that I bring this matter to your attention. Under the FD CPA, section 1692e(3), it is prohibited for a debt collector to falsely represent the "character, amount, or legal status of any debt," which includes misleading implications of legal representation. Furthermore, Indiana state laws, such as [cite relevant laws if available], reinforce the prohibition against deceptive and misleading tactics employed by debt collectors. I request that your agency promptly cease any false or misleading representation that implies you are an attorney or that the communication I received is from an attorney. Additionally, I kindly request that you ensure all future correspondence complies with the provisions set forth in the FD CPA and the laws of Indiana. Furthermore, I hereby exercise my rights under the FD CPA to request validation of the debt you claim I owe. Please provide me with detailed documentation, including the original creditor's name, the amount owed, and any relevant supporting evidence, within the legal timeframe of 30 days. Failure to provide this validation may result in the debt being considered disputed. Lastly, please be aware that any further violation of the FD CPA or state laws in your debt collection activities may lead to legal action being pursued against your agency. It is in both our interests to ensure compliance with the laws and to maintain a fair and respectful resolution to this matter. I expect a written response addressing these concerns within 15 days from the receipt of this letter. Please provide your response by mail to the address mentioned above or electronically via the provided email address. Thank you for your prompt attention to this matter. I hope to resolve this issue amicably and in compliance with all applicable laws. Sincerely, [Your Name]
