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."
[Your Name] [Your Address] [City, State, Zip] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, Zip] Subject: False Representation or Implication of Debt Collector's Affiliation with the United States Dear [Debt Collector's Name], I am writing to inform you about a matter of grave concern regarding your collection activities as they pertain to a debt allegedly owed by myself. It has come to my attention that you have been engaging in false or misleading misrepresentations by falsely representing or implying that you are vouched for, bonded by, or affiliated with the United States government. This practice is not only deceptive but also illegal under the relevant laws and regulations governing debt collection practices. First and foremost, I would like to clarify that as per my knowledge and understanding, your organization is a private debt collection agency without any formal affiliation or endorsement by the United States government. Your attempts to create an impression that you possess an official imprimatur from the United States or any affiliated agency are unequivocally false and misleading. My concerns regarding your false representation or implication that you are vouched for, bonded by, or affiliated with the United States government are grounded in several facts. Your communications have consistently included statements, logos, or imagery that imply a connection to a federal agency, such as the use of emblems resembling those officially used by government agencies, the inclusion of official-sounding language, and references to federal laws and regulations that are not directly applicable to your collection efforts. These tactics are not only deceptive but also infringe upon my rights as a consumer. The Fair Debt Collection Practices Act (FD CPA), enforced by the Federal Trade Commission (FTC), explicitly prohibits debt collectors from utilizing false, deceptive, or misleading representations or implications in their collection activities. By deliberately creating an impression that your organization is endorsed or certified by the United States government, you have violated my rights as a debtor. I demand that you immediately cease and desist from engaging in any further false representation or implication of your affiliation with the United States government. Failure to comply with this request may lead me to take legal action to protect my rights under the FD CPA and seek any available remedies provided by law. Please consider this letter as a formal notification of your deceptive practices and a demand to rectify this situation promptly. I expect a written response from you within 30 days of receiving this letter, confirming that you have ceased all false representations or implications of your affiliation with the United States government in your collection activities. Thank you for your attention to this matter. I trust that you will address my concerns promptly and appropriately. Failure to do so will prompt me to take further action to protect my rights and hold you accountable for your deceptive practices. Yours sincerely, [Your Name]
