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: Massachusetts Letter to Resolve False Claims of Debt Collector Affiliation with the United States Introduction: When dealing with debt collectors, it is essential to address any false or misleading representations they may make. One common misrepresentation is when a debt collector falsely claims to be vouched for, bonded by, or affiliated with the United States. This letter template aims to help Massachusetts residents assert their rights and inform debt collectors about such false claims. Below, you will find a detailed description of the Massachusetts 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. [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: False Representation or Implication of Affiliation with the United States Dear [Debt Collector's Name], I am writing in response to the collection activities regarding the alleged debt associated with [account number or reference information]. I have recently become aware of false representations or implications made during these collection activities that you, as the debt collector, are vouched for, bonded by, or in any way affiliated with the United States government. Under the Fair Debt Collection Practices Act (FD CPA) and the Massachusetts Fair Debt Collection Practices Act (MD CPA), it is unlawful for debt collectors to use false, misleading, or deceptive tactics when attempting to collect a debt. This includes misrepresentations about their affiliation with any governmental entity, such as suggesting an endorsement by or affiliation with the United States government. I hereby assert that any claim or implication of affiliation with the United States government made by [Debt Collector's Name] is false and misleading. I demand immediate clarification and cessation of these misrepresentations. Failure to comply with this demand may result in legal action being taken against [Debt Collector's Name] for violations of the FD CPA and MD CPA. It is important to note that, according to these acts, I may be entitled to actual damages, statutory damages, attorney's fees, and potential injunctive relief as a result of such misrepresentations. To avoid any confusion or further legal action, please respond in writing within [reasonable timeframe, e.g., 10 business days] from the receipt of this letter. Your response should confirm that [Debt Collector's Name] will cease any false or misleading representations of affiliation with the United States. I kindly request that all further communication regarding this debt be conducted in writing to maintain clear and accurate records. Thank you for your prompt attention to this matter. I trust that you will rectify this situation promptly and ensure compliance with all applicable laws. Sincerely, [Your Name]
