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: Utah 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: Utah, debt collector, false representation, misleading misrepresentation, collection activities, attorney, communication, legal letter, false implication, debt collection laws 1. Introduction: In this letter, we aim to address a serious concern regarding false or misleading misrepresentations made by the debt collector in collection activities in the state of Utah. Specifically, we focus on situations where the debt collector falsely represents himself as an attorney or creates an impression that the communication is from an attorney. 2. Explanation of False Representation: According to Utah's debt collection laws, it is unlawful for debt collectors to falsely represent themselves as attorneys or create the implication that communication is from an attorney when they are not. This practice misleads and intimidates consumers, violating their rights and undermining fair debt collection practices. 3. Identification of Specific Misrepresentations: We have reason to suspect that the debt collector engaged in the following false or misleading misrepresentations during the collection activities: a) False Impersonation of an Attorney: The debt collector falsely claimed to be an attorney or used language in communications that implied he is an attorney, even though he is not licensed to practice law in the state of Utah. b) Misleading Communication From an Attorney: The debt collector created an impression that the communication was from an attorney by using terms, language, or formatting that typically associates with legal correspondence, for example, by using letterheads or signatures that may confuse consumers into thinking they are receiving communication from an attorney. 4. Legal Consequences: It is important to highlight that under Utah law, these false representations are strictly prohibited. Debt collectors engaging in such practices may be liable for civil penalties and face legal action, including potential damages awarded to the affected individuals. 5. Consumer Rights Protection: As a consumer, it is crucial to safeguard your rights against unlawful debt collection practices. By identifying and reporting false or misleading misrepresentations, you play an active role in ensuring that debt collectors respect your legal protections. 6. Request for Immediate Action: We kindly request that the debt collector immediately cease any false or misleading representations as described above. We expect compliance with Utah's debt collection laws and a prompt response to this letter. 7. Documentation: To support our claim, we encourage you to keep detailed records of any communication or evidence related to the false or misleading misrepresentations, such as emails, letters, or call recordings. 8. Seeking Legal Advice: If you believe that your rights have been violated, or you require further assistance in dealing with debt collectors engaging in false or misleading misrepresentations, we strongly recommend seeking legal advice and guidance to ensure proper protection and appropriate legal action, if necessary. Remember, protecting your consumer rights is essential, and taking action against false or misleading representation is crucial in ensuring fair and ethical debt collection practices in Utah.
