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."
Missouri Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Subject: False Representation or Implication that the Debt Collector is Vouched for, Bonded by, or Affiliated with the United States — Cease and Desist [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Dear [Debt Collector's Name], I am writing to bring to your attention a matter of great concern regarding your debt collection activities. I have recently received communications from your agency regarding an alleged debt which contain false or misleading misrepresentations implying that your organization is vouched for, bonded by, or affiliated with the United States government. As a resident of the state of Missouri, I am familiar with the Missouri Revised Statutes, specifically the Fair Debt Collection Practices Act (FD CPA) along with the Federal Debt Collection Practices Act (FD CPA). Under these laws, debt collectors are strictly prohibited from making any false, deceptive, or misleading representations to debtors. In particular, Section 407.025(2) of the Missouri Revised Statutes clearly states that "A debt collector may not falsely represent or imply 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." Furthermore, the FD CPA, section 1692e(9), also addresses this issue at the federal level. Upon careful review of the communications received from your agency, it has become evident that you have violated the above-mentioned laws. The letters received contain explicit or implicit implications that your organization is endorsed, bonded, or affiliated with the United States government. I hereby demand that you immediately cease and desist all further communication related to the alleged debt until such time that you can provide verifiable evidence of your compliance with the law. Furthermore, I request that you provide written confirmation within twenty (20) days of receiving this letter specifying that you have ceased all collection activities relating to the alleged debt and that any negative reporting or entries made in regard to this debt on my credit report have been removed. Please consider this letter as an official notice of your violation of the law and a final opportunity for you to rectify the situation before further legal action may be pursued to protect my rights as a consumer. I reserve the right to seek legal counsel and take appropriate action to enforce my rights should you fail to comply with this demand. Copies of this letter will be retained for my records along with any future correspondence or actions taken in response to your deceptive practices. I anticipate your prompt attention and resolution in this matter. Yours sincerely, [Your Name]
