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: South Dakota Letter to Inform Debt Collector of False or Misleading Representations Regarding Attorney Status Keywords: South Dakota, letter, debt collector, false representation, misleading misrepresentation, collection activities, attorney, communication --- Dear [Debt Collector's Name], I am writing to notify you of false or misleading misrepresentations made by your organization during collection activities. Specifically, it has come to my attention that you have been falsely representing yourselves as attorneys or implying that your communication is from an attorney. This practice is in violation of both federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the South Dakota Consumer Protection Act. False representation and implication of attorney status is a serious offense, as it can mislead and intimidate consumers who are already facing financial challenges. It is important to note that your organization is not, in fact, a law firm, and your employees are not licensed attorneys authorized to provide legal advice or represent creditors in legal matters. Under the FD CPA and state laws, debt collectors are prohibited from engaging in deceptive practices, including falsely representing themselves as attorneys or creating an impression that a communication is from an attorney. By engaging in such practices, your organization is not only violating the law but also jeopardizing the trust and confidence that consumers place in the debt collection process. I demand that you immediately cease all false representations or implications that your organization is an attorney or that your communication is from an attorney. These misleading practices must be discontinued to ensure compliance with federal and South Dakota consumer protection laws. Furthermore, within [number of days as per state law] days from the receipt of this letter, I request that you provide me with written confirmation stating that you have ceased making false or misleading representations regarding attorney status. Failure to do so will prompt me to take appropriate legal action to protect my rights under the FD CPA and the South Dakota Consumer Protection Act. Please consider this letter as a formal notice of your misleading practices and a demand for corrective action. I reserve my rights under the law and will not hesitate to take further legal remedies available to me if necessary. I expect your full cooperation and prompt response to this matter. Your adherence to the law and your commitment to fair debt collection practices will be appreciated. Sincerely, [Your Name]
