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."
A 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 in Phoenix, Arizona Subject: Cease False and Misleading Debt Collection Practices Dear [Debt Collector's Name], I am writing to inform you of the false and misleading misrepresentations made by your agency in regard to the collection activities surrounding my debt. It has come to my attention that your company has been falsely stating that nonpayment of any debt will automatically result in the seizure, garnishment, attachment, or sale of my property or wages, which is both inaccurate and illegal. As a resident of Phoenix, Arizona, I am fully aware of my rights as a debtor and the protections provided to me under the Fair Debt Collection Practices Act (FD CPA) and the Arizona Fair Debt Collection Practices Act (AFD CPA). Your misleading statements not only violate these laws but also undermine the trust and integrity necessary for a fair and transparent debt collection process. I demand an immediate cessation of these unlawful practices and that your agency corrects any harmful information you have provided to third parties regarding my debt. Please take the necessary steps to rectify this immediately, including notifying all credit reporting agencies, creditors, and any other relevant entities of the false representations made. Failure to comply with my request may result in legal action, as I am prepared to protect my rights and hold your agency accountable for any damages caused. I have diligently maintained records of all communication and will take any necessary legal action to pursue appropriate remedies. Additionally, I kindly request that you provide written confirmation of your compliance within [insert a reasonable time frame, e.g., 14 days] of receiving this letter. Failure to do so will only further demonstrate your intent to ignore the laws governing debt collection practices. I expect your prompt attention to this matter and trust that you will act accordingly to rectify the situation. Any further attempts to mislead or falsely represent the consequences of nonpayment will be viewed as a direct violation of my rights, warranting appropriate legal consequences. Thank you for your cooperation in resolving this matter promptly. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]A 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 in Phoenix, Arizona Subject: Cease False and Misleading Debt Collection Practices Dear [Debt Collector's Name], I am writing to inform you of the false and misleading misrepresentations made by your agency in regard to the collection activities surrounding my debt. It has come to my attention that your company has been falsely stating that nonpayment of any debt will automatically result in the seizure, garnishment, attachment, or sale of my property or wages, which is both inaccurate and illegal. As a resident of Phoenix, Arizona, I am fully aware of my rights as a debtor and the protections provided to me under the Fair Debt Collection Practices Act (FD CPA) and the Arizona Fair Debt Collection Practices Act (AFD CPA). Your misleading statements not only violate these laws but also undermine the trust and integrity necessary for a fair and transparent debt collection process. I demand an immediate cessation of these unlawful practices and that your agency corrects any harmful information you have provided to third parties regarding my debt. Please take the necessary steps to rectify this immediately, including notifying all credit reporting agencies, creditors, and any other relevant entities of the false representations made. Failure to comply with my request may result in legal action, as I am prepared to protect my rights and hold your agency accountable for any damages caused. I have diligently maintained records of all communication and will take any necessary legal action to pursue appropriate remedies. Additionally, I kindly request that you provide written confirmation of your compliance within [insert a reasonable time frame, e.g., 14 days] of receiving this letter. Failure to do so will only further demonstrate your intent to ignore the laws governing debt collection practices. I expect your prompt attention to this matter and trust that you will act accordingly to rectify the situation. Any further attempts to mislead or falsely represent the consequences of nonpayment will be viewed as a direct violation of my rights, warranting appropriate legal consequences. Thank you for your cooperation in resolving this matter promptly. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
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.
