Legal Question in Credit and Debt Law in Tennessee

It is a a violation of the Federal Fair Debt Collection Practices Act for a debt collector to claim that a lawyer is working for the agency when such is not true. It may also be a violation of the Act for a debt collection agency to use certain forms of a lawyer such as the lawyer's letterhead, etc., regardless of whether the forms are old or new. Also, there is a possible ethical violation on the part of the lawyer if he/she knew that his/her forms were being used by a collection agency and the lawyer did nothing to stop the use. Similary, there is a violation of the Tennessee Rules of Professional Conduct if the lawyer is allowing his or her name to be used by the collection agency in an attempt to collect a debt. As noted however, this depends upon the forms that are being used and whether the lawyer knows that he/she is having his/her name used by the collection agency. Finally, for collection agencies to collect consumer debts in Tennessee, they must be registered with the Tennessee Collection Services Board.

I suggest that you 1) file a complaint against the collection agency with both the Federal Trade Commission and the Tennessee Collection Service Board, and 2) that you contact the lawyer whose forms are being used to advise the lawyer of such use. Of a related nature, if the lawyer advises that he or she has allowed the New York agency to use his or her name, I would recommend that you file a complaint against the lawyer with the Board of Professional Responsibility of the Tennessee Supreme Court.