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."
New York 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 Subject: Cease and Desist — False Claims of Affiliation with the United States [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Re: Account #: [Account Number] Dear Sir/Madam, I am writing to bring to your attention a serious matter regarding your recent collection activities pertaining to the above-mentioned account. It has come to my attention that your agency has made false representations or implications that you are vouched for, bonded by, or affiliated with the United States government, in violation of the Fair Debt Collection Practices Act (FD CPA), specifically under Section 807 (11 USC § 1692e(9)). I demand that you immediately cease and desist any false or misleading claims that suggest your agency is endorsed, bonded, or affiliated with the United States or any of its associated agencies. This includes but is not limited to misleading statements such as: 1. Implying that your debt collection agency is backed by the United States government. 2. Falsely stating or implying that your agency has a special relationship with or is a part of any governmental entity. 3. Using United States government logos, emblems, or symbols without proper authorization to mislead debtors. Providing false or misleading information is not only a violation of federal law but also a deceptive and unfair practice. Such misrepresentations may cause unwarranted confusion, fear, and influence debtors to take inappropriate actions. It is essential that you rectify this matter immediately by updating your records to ensure accurate information is provided to debtors. Additionally, I request that you provide written confirmation within 30 days of receipt of this letter, signed by an authorized representative of your debt collection agency, stating that you have discontinued all false or misleading claims regarding affiliation with the United States government. Failure to comply with this demand may result in legal action being taken against your agency, leading to liability for actual damages, statutory damages, attorney's fees, and other relevant costs under the FD CPA. I trust that you will treat this matter with the urgency it requires and take immediate action to rectify the false or misleading misrepresentations made by your agency. Any further contact regarding the above-mentioned account should be solely for the purpose of providing verifiable and accurate debt information. Thank you for your prompt attention to this matter. Sincerely, [Your Name] [Your Contact Information]
