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: New Hampshire Letter Addressing Misleading Claims by Debt Collectors Impersonating Attorneys Introduction: This article discusses the importance of writing a detailed New Hampshire Letter to inform debt collectors about false or misleading misrepresentations pertaining to the debt collector's identity as an attorney or implying that the communication originates from an attorney. Such deceptive practices can mislead debtors and violate their rights under New Hampshire law. Below, we outline the key elements to include in this letter and provide insights into potential variations or types of letters that can address this issue effectively. Keywords: New Hampshire, letter, debt collector, false representation, misleading misrepresentation, collection activities, attorney, collection communication, violation, rights, deceptive practices. I. Understanding the Issue: Debt collectors occasionally employ deceptive tactics, falsely representing themselves as attorneys or implying that their communication originates from an attorney. This misleading behavior aims to intimidate debtors into taking immediate action and can confuse individuals who are already vulnerable due to their financial circumstances. II. Writing the New Hampshire Letter Informing Debt Collector of False or Misleading Misrepresentations: 1. Opening Section — Clearly address the letter to the specific debt collector or the organization they represent. — Clearly state that the purpose of the letter is to address false or misleading misrepresentations in their collection activities related to their identity or the origin of the communication. 2. Describe the Misrepresentation — Specify the false representation or implication made by the debt collector, such as claiming to be an attorney, creating the impression that the communication is legal correspondence, or implying that legal action will be pursued. — State that such misrepresentations are prohibited by New Hampshire and federal laws. 3. Reference Relevant Laws — Cite the specific laws that prohibit debt collectors from falsely representing themselves as attorneys or misleading debtors about the origin of the communication. — Include references to relevant provisions in the Fair Debt Collection Practices Act (FD CPA) and applicable New Hampshire laws, such as RSA ch. 358-C. 4. Request Corrective Actions — Clearly state that the debtor expects the debt collector to cease all false or misleading representations. — Request written confirmation within a specified period (e.g., 15 days) that the debt collector will no longer make such misleading claims in their collection activities. 5. Warn of Legal Action — Express that failure to comply with the debtor's request may lead to legal action being pursued to protect their rights. — Mention potential consequences, including pursuing a complaint with relevant authorities or taking legal action to seek remedies and damages. 6. Conclusion — Thank the debt collector for their attention and cooperation. — Provide contact information to facilitate communication or request any clarification if needed. — Sign the letter with the debtor's name and keep a copy for record-keeping purposes. Potential Types of New Hampshire Letters Based on Specific Misrepresentations: A. False Representation as an Attorney B. Implying Communication is From an Attorney C. Use of Language Intended to Mislead Debtors into Believing Attorney Involvement D. Threatening Legal Action, Lawsuits, or Implying Prosecution Remember, it is crucial to tailor the letter according to the specific misrepresentations, aiming for clear, concise, and formal communication while asserting your rights as a debtor in New Hampshire.
