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: Kansas 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 --- Dear [Debt Collector's Name], Subject: False Representation or Implication Regarding Your Affiliation with the United States I am writing to address a matter of utmost concern regarding the recent collection activities by your agency, specifically pertaining to false representations or misleading implications suggesting that your organization is vouched for, bonded by, or affiliated with the United States. As a Kansas resident, I am aware of the laws and regulations set forth by the State of Kansas and the federal government protecting consumers like myself from deceptive practices in debt collection. Upon reviewing correspondence and communication received from your agency, I have noticed several instances where the false representation or implication of your affiliation with the United States has been made. Some misleading statements and actions include but are not limited to: 1. Direct or implied claims that your debt collection activities are supported or backed by the United States or any of its agencies, such as the Internal Revenue Service (IRS) or the Department of Justice (DOJ). 2. Insinuations that by paying the debt, I will be fulfilling a patriotic duty or contributing to a governmental cause. 3. Usage of official-looking documents or symbols to create the impression of an endorsement by the United States government. 4. Statements suggesting that non-compliance with your collection efforts may result in legal actions directly initiated or supported by the United States government. 5. Misrepresenting the consequences of non-payment to include terms like "defying", "violating", or "disobeying" federal laws, thereby misleading individuals into believing they are committing a criminal offense. I want to make it abundantly clear that such false or misleading misrepresentations violate both federal and Kansas state laws. Specifically, under Section 1692e of the Fair Debt Collection Practices Act (FD CPA) and the Kansas Debt Collection Act (DCA), engaging in deceptive practices when collecting debts is strictly prohibited. Moreover, falsely representing an affiliation or vouching by the United States is a serious offense and may have severe legal consequences. I kindly request that you immediately cease all activities involving false or misleading representations regarding your affiliation with the United States government. Failure to comply with this request will leave me with no choice but to seek legal remedies available under the FD CPA, the DCA, and other applicable laws. I believe resolving this matter promptly, honestly, and fairly is in both parties' best interests. Please confirm, in writing, the acknowledgment of this letter within 15 days of receipt. I expect this issue to be resolved promptly and any communication from your agency moving forward to be free from false or misleading representations. Thank you for your immediate attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]
