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: Kansas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — False Representation or Implication that the Debt Collector is an Attorney or that Communication is From an Attorney Keywords: Kansas, debt collector, false representation, misleading misrepresentations, collection activities, attorney, communication, letter Description: Dear [Debt Collector's Name], I am writing to inform you that I have recently become aware of false or misleading misrepresentations being made in your collection activities regarding the nature of your role as a debt collector. Specifically, it has come to my attention that you have either falsely represented yourself as an attorney or created an impression that your communication is from an attorney. Under Kansas law, it is strictly prohibited for debt collectors to make false representations or implications that they are attorneys or that their communication is originating from an attorney. Such deceptive tactics can lead to confusion, unnecessary fear, and misinformation, causing significant distress to the consumer. As a consumer protected under the Fair Debt Collection Practices Act (FD CPA), it is my right to ensure that your collection activities are conducted in a fair, honest, and transparent manner. Misrepresenting yourself as an attorney or creating the impression that your communication is from an attorney violates these fundamental principles. I kindly request that you immediately cease all false or misleading misrepresentations regarding your role as a debt collector. This includes refraining from using any language, symbols, or statements that could be interpreted as suggesting you are an attorney or that your communication originates from an attorney's office. Failure to comply with this request could result in legal action being taken against your agency for violating the FD CPA, as well as any applicable state laws. Additionally, please be aware that your actions may also be reported to the appropriate regulatory bodies and consumer protection agencies. I expect a prompt response acknowledging receipt of this letter and a written confirmation that you have made the necessary changes to comply with the law. Additionally, please provide me with a detailed outline of the corrective actions you will take to prevent similar misrepresentations from occurring in the future. Please consider this correspondence as an earnest effort to resolve this matter amicably. However, please be advised that any continued false representations or misleading misrepresentations will not be tolerated, and appropriate legal remedies will be pursued. I hope for your immediate attention to this matter and a swift resolution. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] --- Alternate version: Kansas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Implication that the Debt Collector is an Attorney or that Communication is From an Attorney Note: The content of this letter remains largely the same. Only the first paragraph needs to be modified. I am writing to inform you that I have recently become aware of false or misleading misrepresentations being made in your collection activities regarding the nature of your role as a debt collector. Specifically, it has come to my attention that the language, symbols, or statements used in your communication with me may falsely imply that you are an attorney or that your communication originates from an attorney's office.
