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."
Sample Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing this letter to bring to your attention an issue related to your collection activities concerning a debt allegedly owed by me. It has come to my attention that your company has been engaging in false or misleading misrepresentations, specifically by falsely representing that nonpayment of any debt will result in the seizure, garnishment, attachment, or sale of my property or wages. I would like to clarify that under the Fair Debt Collection Practices Act (FD CPA) and other applicable federal and state laws, debt collectors are prohibited from using deceptive, unfair, or abusive practices while attempting to collect a debt. This includes misleading or false statements regarding the consequences of nonpayment. I must stress that at no point did I dispute my responsibility to repay the debt. However, it is crucial that the collection activities carried out by your company adhere to the legally mandated guidelines. By falsely representing the consequences of nonpayment, you have not only violated my rights as a consumer but have also caused unnecessary stress and anxiety. To rectify this situation, I kindly request that you immediately cease any further false or misleading representations regarding the consequences of nonpayment in your collection activities. Moreover, I expect you to take the necessary steps to rectify the harm caused by your previous misrepresentations. Please note that I am well aware of my rights under the FD CPA, and I will not hesitate to take legal action or report this matter to the appropriate regulatory authorities if your company continues to engage in such practices. I hope it does not come to that, and instead, we can work towards resolving this matter in a fair and lawful manner. I look forward to receiving written confirmation from your office within [15 days] acknowledging the receipt of this letter and confirming your compliance with my requests. Failure to respond or rectify this situation will leave me with no choice but to explore all available legal remedies. Thank you for your prompt attention to this matter. I hope for a swift resolution to this issue. Yours sincerely, [Your Name]Sample Nassau New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing this letter to bring to your attention an issue related to your collection activities concerning a debt allegedly owed by me. It has come to my attention that your company has been engaging in false or misleading misrepresentations, specifically by falsely representing that nonpayment of any debt will result in the seizure, garnishment, attachment, or sale of my property or wages. I would like to clarify that under the Fair Debt Collection Practices Act (FD CPA) and other applicable federal and state laws, debt collectors are prohibited from using deceptive, unfair, or abusive practices while attempting to collect a debt. This includes misleading or false statements regarding the consequences of nonpayment. I must stress that at no point did I dispute my responsibility to repay the debt. However, it is crucial that the collection activities carried out by your company adhere to the legally mandated guidelines. By falsely representing the consequences of nonpayment, you have not only violated my rights as a consumer but have also caused unnecessary stress and anxiety. To rectify this situation, I kindly request that you immediately cease any further false or misleading representations regarding the consequences of nonpayment in your collection activities. Moreover, I expect you to take the necessary steps to rectify the harm caused by your previous misrepresentations. Please note that I am well aware of my rights under the FD CPA, and I will not hesitate to take legal action or report this matter to the appropriate regulatory authorities if your company continues to engage in such practices. I hope it does not come to that, and instead, we can work towards resolving this matter in a fair and lawful manner. I look forward to receiving written confirmation from your office within [15 days] acknowledging the receipt of this letter and confirming your compliance with my requests. Failure to respond or rectify this situation will leave me with no choice but to explore all available legal remedies. Thank you for your prompt attention to this matter. I hope for a swift resolution to this issue. 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.
