Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 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:
"(4) The representation or implication that nonpayment of any debt will result in the . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."
Miami-Dade Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Subject: Demand to Cease False or Misleading Collection Tactics [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency] [Address] [City, State, Zip Code] Re: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing in response to the recent communication I received from your agency regarding the outstanding debt attributed to my name. This letter serves as a formal complaint and demand to cease and desist any false or misleading statements made during your collection activities. I recently received a communication from your agency, wherein it was falsely represented that the nonpayment of the mentioned debt would result in the seizure, garnishment, attachment, or sale of my property or wages. I would like to bring to your attention that such claims are in violation of the Fair Debt Collection Practices Act (FD CPA), specifically: 1. Section 807(10): Prohibition of False or Misleading Representations — This provision expressly prohibits debt collectors from using any false or misleading representations, including threatening legal actions that are not possible under applicable law. 2. Section 808: Unfair Practices — It is considered unfaiunderhandFPAPAPA for a debt collector to use false, deceptive, or misleading means in connection with the collection of any debt, including creating false beliefs about the legal consequences of nonpayment. By making false threats of seizure, garnishment, attachment, or sale, your agency has engaged in misleading and intimidating behavior. It is my expectation that you immediately rectify this situation and refrain from engaging in such deceptive practices in the future. Failure to comply with this demand will result in my pursuit of legal action and the filing of a formal complaint with the appropriate authorities, including the Consumer Financial Protection Bureau and the Florida Attorney General's Office. I kindly request that you acknowledge in writing, within 15 days of receiving this letter, the steps you have taken to rectify this matter and confirm that you will cease making false or misleading representations during your collection activities. Please be advised that I am aware of my rights under the FD CPA and any future violations will be met with swift legal action. I expect prompt resolution and adherence to the laws governing debt collection practices. Thank you for your immediate attention to this matter. I hope that this issue can be resolved without further escalation. Yours sincerely, [Your Name]Miami-Dade Florida Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Subject: Demand to Cease False or Misleading Collection Tactics [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency] [Address] [City, State, Zip Code] Re: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing in response to the recent communication I received from your agency regarding the outstanding debt attributed to my name. This letter serves as a formal complaint and demand to cease and desist any false or misleading statements made during your collection activities. I recently received a communication from your agency, wherein it was falsely represented that the nonpayment of the mentioned debt would result in the seizure, garnishment, attachment, or sale of my property or wages. I would like to bring to your attention that such claims are in violation of the Fair Debt Collection Practices Act (FD CPA), specifically: 1. Section 807(10): Prohibition of False or Misleading Representations — This provision expressly prohibits debt collectors from using any false or misleading representations, including threatening legal actions that are not possible under applicable law. 2. Section 808: Unfair Practices — It is considered unfaiunderhandFPAPAPA for a debt collector to use false, deceptive, or misleading means in connection with the collection of any debt, including creating false beliefs about the legal consequences of nonpayment. By making false threats of seizure, garnishment, attachment, or sale, your agency has engaged in misleading and intimidating behavior. It is my expectation that you immediately rectify this situation and refrain from engaging in such deceptive practices in the future. Failure to comply with this demand will result in my pursuit of legal action and the filing of a formal complaint with the appropriate authorities, including the Consumer Financial Protection Bureau and the Florida Attorney General's Office. I kindly request that you acknowledge in writing, within 15 days of receiving this letter, the steps you have taken to rectify this matter and confirm that you will cease making false or misleading representations during your collection activities. Please be advised that I am aware of my rights under the FD CPA and any future violations will be met with swift legal action. I expect prompt resolution and adherence to the laws governing debt collection practices. Thank you for your immediate attention to this matter. I hope that this issue can be resolved without further escalation. Yours sincerely, [Your Name]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
