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IS THIS A VIOLATION?

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TryingVeryHard
Frequent Contributor

IS THIS A VIOLATION?

FACT: This Law Firm is a DEBT COLLECTOR! I received a fax message from a debt collector. This is the letterhead/header.
SCALE OF JUSTICE
I saw the following in the FDCPA:
§ 807. False or misleading representations [15 USC 1692e] 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.
AND then this clarification from the FTC:
Section 807(1) prohibits "the false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State . . ." 1. Symbol on dunning notice. A debt collector may not use a symbol in correspondence that makes him appear to be a government official. For example, a collection letter depicting a police badge, a judge, or the scales of justice, normally violates this section.
Is the collector's use of the SYMBOL SCALES of JUSTICE consider a form of VIOLATION, under the LEAST SOPHISTICATED CONSUMER principle? Message Edited by TryingVeryHard on 12-01-2007 03:20 AM

Message Edited by TryingVeryHard on 01-02-2008 11:18 PM
Message 1 of 5
4 REPLIES 4
MeganML84
Frequent Contributor

Re: IS THIS A VIOLATION?

In my opinion, I would say no as this is a law firm and not an actual collection agency. It appears as though they are just collecting on behalf of the creditor...
 
 
Wisdom doesn't automatically come with old age. Nothing does - except wrinkles. It's true, some wines improve with age... but only if the grapes were good in the first place.
Message 2 of 5
Anonymous
Not applicable

Re: IS THIS A VIOLATION?

i would have to say no as well. you could pay a law firm to write a reply letter for you, all the law firm is doing is passing along a message.
Message 3 of 5
TryingVeryHard
Frequent Contributor

Re: IS THIS A VIOLATION?

This is law firm is a collection agency as well. Trying to collect a debt for a debt purchaser.
Message 4 of 5
TryingVeryHard
Frequent Contributor

Re: IS THIS A VIOLATION?

bump bump bump

Message Edited by TryingVeryHard on 01-02-2008 11:20 PM
Message 5 of 5
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