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: Minnesota Letter Addressing Misleading Debt Collection Representations Introduction: In Minnesota, consumers have the right to address false or misleading representations made by debt collectors regarding their status as attorneys or the nature of their communications. This letter serves as a formal notice to inform debt collectors of their inaccurate or misleading claims, emphasizing the illegality of such actions. Below, we will outline the key elements to include in a Minnesota 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. 1. Salutation and Reference to Relevant Laws: Begin the letter with a polite salutation and identification of the recipient, such as "Dear [Debt Collector's Name]." Then, reference the relevant laws that prohibit false representation or implication of the debt collector as an attorney or correspondence representing legal advice. For example, cite the Fair Debt Collection Practices Act (FD CPA) and the Minnesota Regulation of Collection Agencies Act. 2. Identification of the Misleading Representation: Clearly state the specific misrepresentation made by the debt collector, such as the claim of being an attorney or implying that the communication is from an attorney. Provide details on when and how these false representations occurred, including dates, times, and methods of communication (phone, mail, email, etc.). 3. Explanation of Legal Violations: Outline the legal violations associated with the false or misleading representation made by the debt collector. Explain how the misrepresentation violates both federal and state laws mentioned earlier and emphasize that such actions are unlawful and unethical. 4. Request for Immediate Corrective Action: State your expectation for immediate corrective action by the debt collector. Request that they stop any false representations, including the claim to be an attorney or implying communications as legal advice. Demand that they cease any misleading actions, otherwise, legal action may be pursued. 5. Collection of Supportive Evidence: If available, include any supporting evidence such as copies of letters, screenshots, or call logs that demonstrate the misleading communications made by the debt collector. Encourage the debt collector to review the evidence thoroughly and investigate the matter further. 6. Express Consequences: Make it clear that failure to comply with this notice and rectify their false representations may result in further legal action, including reporting their actions to relevant authorities, filing a complaint with the Consumer Financial Protection Bureau (CFPB), or pursuing a lawsuit seeking damages. However, maintain a professional and respectful tone throughout the letter. 7. Contact Information: Include your full name, address, phone number, and email address, enabling the debt collector to respond to your concerns and rectify the situation promptly. Encourage them to communicate with you in writing to preserve records of your interactions. Conclusion: Conclude the letter by reiterating your expectation for a swift resolution, expressing a willingness to cooperate to prevent further legal actions, and requesting a written response within a specified time frame. Thank the recipient for their attention to the matter and sign off with your name. Remember to consult with a legal professional or debt collection attorney to ensure your letter adheres to the specific requirements of Minnesota law and suits your unique circumstances.
