Violation for "pretending" to be an attorney?

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HelpMe2006
Posts: 214
Joined: Sat Feb 25, 2006 5:46 pm

Violation for "pretending" to be an attorney?

Postby HelpMe2006 » Thu Mar 09, 2006 6:33 pm

Ok, here is a good one.....

I got a letter that looks like its from a law firm, this was almost a year ago and before my BK. It has the three names and the & symbol in between and I actually thought it was a law firm.

Well, today, I go to the internet to look them up and they are a CA!

The letter doesn't have the mini Miranda at all, it doesn’t have any other the things required by the FDCPA.

I, being somewhat intelligent. thought it was from a law firm, would that violate FDCPA provision against pretending to be an attorney, even if you use the "least sophisticated consumer" standard?

David A. Szwak

Re: Violation for "pretending" to be an attorney?

Postby David A. Szwak » Thu Mar 09, 2006 6:42 pm

[quote="HelpMe2006"]Ok, here is a good one.....

I got a letter that looks like its from a law firm, this was almost a year ago and before my BK. It has the three names and the & symbol in between and I actually thought it was a law firm.

Well, today, I go to the internet to look them up and they are a CA!

The letter doesn't have the mini Miranda at all, it doesn’t have any other the things required by the FDCPA.

I, being somewhat intelligent. thought it was from a law firm, would that violate FDCPA provision against pretending to be an attorney, even if you use the "least sophisticated consumer" standard?


No doubt you assumed them to be lawyers but does the letter state that? Do they threaten to take legal action? What does the letter do to imply they are lawyers? The other issues, no mini-miranda, etc., are surplusages.