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."
Nebraska 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: Nebraska, debt collector, false representation, misleading misrepresentation, collection activities, attorney, communication Description: If you have encountered a situation where a debt collector in Nebraska has falsely represented themselves as an attorney or implied that the communication you received is from an attorney, it is important to address this issue promptly. Such misleading tactics might violate the Fair Debt Collection Practices Act (FD CPA) and can be challenged by writing a letter to the debt collector. Here are some details to include in your Nebraska letter informing the debt collector of these false or misleading misrepresentations: 1. Your Contact Information: Begin the letter by providing your full name, address, and phone number. This information will help the debt collector identify your account and ensure accurate communication. 2. Date of Letter: Include the date at the top of the letter for documentation and reference purposes. 3. Debt Collector's Information: Next, mention the name of the debt collector or collection agency. Provide their complete mailing address, including the city, state, and zip code, along with any other relevant contact information available. 4. Reference Numbers: If you have any reference numbers or account numbers provided by the debt collector, mention them in the letter. This information can assist in identifying your specific case. 5. Introduction: Begin the body of the letter by stating that you are writing to address false or misleading misrepresentations made by the debt collector regarding their identity as an attorney or the communication being from an attorney. 6. Explanation of the False Representation: Clearly and concisely explain the specific instances or actions that led you to believe that the debt collector falsely represented themselves as an attorney or implied that the communication was from an attorney. Provide dates, times, and details to support your claim. 7. Legal Rights Under the FD CPA: Mention that you are aware of your rights under the Fair Debt Collection Practices Act (FD CPA) as a consumer. Include a brief summary of relevant sections or provisions that prohibit debt collectors from engaging in false or misleading representations. 8. Request for Immediate Action: State that you are requesting the debt collector to cease all false representations or implications that they are an attorney or that their communication is from an attorney. Demand that they provide written confirmation of their compliance with your request within a specific timeframe, usually within 30 days. 9. Additional Documentation: Offer to provide any supporting documentation or evidence that substantiates your claim if necessary. Encourage the debt collector to thoroughly investigate the matter to rectify the situation promptly. 10. Copy of the Letter: Close the letter by stating that you are keeping a copy for your records and request that they also acknowledge receipt of the letter in writing. Types of Nebraska Letters Informing Debt Collectors of False or Misleading Misrepresentations in Collection Activities: 1. Nebraska Letter Informing Debt Collector of False Representation as an Attorney: This type of letter addresses situations where the debt collector explicitly presents themselves as an attorney or uses language that may lead the debtor to believe they are communicating with an attorney. 2. Nebraska Letter Informing Debt Collector of Misleading Misrepresentation as an Attorney: In this letter, the focus is on cases where the debt collector implies or creates an impression that their communication is from an attorney, even without explicitly claiming to be one. Remember, it is crucial to consult with legal professionals or seek advice from consumer protection agencies to ensure your rights are protected when dealing with debt collectors in Nebraska.
