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:
"(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer."
Subject: Formal Letter Addressing False and Misleading Misrepresentations by Debt Collector Regarding Criminal Fraud in Bexar County, Texas [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Dear [Debt Collection Agency], I am writing to formally address the recent collection activities concerning the alleged debt associated with [creditor's name]. It has come to my attention that your agency has been engaging in false and misleading misrepresentations suggesting that I have committed criminal fraud by nonpayment of this debt. I would like to bring to your attention that these claims are completely unfounded and without any basis in reality. As a resident of Bexar County, Texas, it is essential that I exercise my rights as a consumer and debtor under both federal and state laws. The Fair Debt Collection Practices Act (FD CPA) clearly prohibits debt collectors from engaging in deceptive and misleading practices, including false representations regarding criminal activities. Your attempts to categorize my nonpayment of the alleged debt as criminal fraud are not only inaccurate but also constitute a breach of your obligations under the FD CPA. It is vital that you cease any further attempts to mislead or intimidate me with baseless accusations of criminal activity. Additionally, I would like to emphasize that I have diligently reviewed my financial records, and there is no evidence of any intention on my part to defraud the creditor or engage in criminal activities. As such, any continued assertions that I am a criminal or have committed fraud are not only damaging to my reputation but also constitute a violation of consumer protection laws. I kindly request that you immediately cease all collection activities related to this alleged debt and promptly provide written confirmation that you have withdrawn any claims of criminal fraud against me. Failure to comply with this request will leave me with no choice but to pursue legal action to protect my rights and seek appropriate remedies under the FD CPA and other applicable laws. Please consider this letter as an opportunity to rectify the situation promptly and professionally. I trust that you will warrant compliance with the FD CPA and take the necessary steps to address this matter appropriately. I expect to receive your written response within [number of days as mandated by your local consumer protection laws] from the date of this letter. Should you fail to respond within the specified time frame or continue the false and misleading representations, I will be left with no alternative but to seek legal counsel and file a complaint with the appropriate regulatory authorities. This correspondence is not intended to acknowledge any valid debts that may exist, but solely to address the false and misleading misrepresentations made by your agency. Please direct all future communication regarding this matter in writing to the address provided at the top of this letter. Thank you for your prompt attention to this matter. Sincerely, [Your Name]Subject: Formal Letter Addressing False and Misleading Misrepresentations by Debt Collector Regarding Criminal Fraud in Bexar County, Texas [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP] Dear [Debt Collection Agency], I am writing to formally address the recent collection activities concerning the alleged debt associated with [creditor's name]. It has come to my attention that your agency has been engaging in false and misleading misrepresentations suggesting that I have committed criminal fraud by nonpayment of this debt. I would like to bring to your attention that these claims are completely unfounded and without any basis in reality. As a resident of Bexar County, Texas, it is essential that I exercise my rights as a consumer and debtor under both federal and state laws. The Fair Debt Collection Practices Act (FD CPA) clearly prohibits debt collectors from engaging in deceptive and misleading practices, including false representations regarding criminal activities. Your attempts to categorize my nonpayment of the alleged debt as criminal fraud are not only inaccurate but also constitute a breach of your obligations under the FD CPA. It is vital that you cease any further attempts to mislead or intimidate me with baseless accusations of criminal activity. Additionally, I would like to emphasize that I have diligently reviewed my financial records, and there is no evidence of any intention on my part to defraud the creditor or engage in criminal activities. As such, any continued assertions that I am a criminal or have committed fraud are not only damaging to my reputation but also constitute a violation of consumer protection laws. I kindly request that you immediately cease all collection activities related to this alleged debt and promptly provide written confirmation that you have withdrawn any claims of criminal fraud against me. Failure to comply with this request will leave me with no choice but to pursue legal action to protect my rights and seek appropriate remedies under the FD CPA and other applicable laws. Please consider this letter as an opportunity to rectify the situation promptly and professionally. I trust that you will warrant compliance with the FD CPA and take the necessary steps to address this matter appropriately. I expect to receive your written response within [number of days as mandated by your local consumer protection laws] from the date of this letter. Should you fail to respond within the specified time frame or continue the false and misleading representations, I will be left with no alternative but to seek legal counsel and file a complaint with the appropriate regulatory authorities. This correspondence is not intended to acknowledge any valid debts that may exist, but solely to address the false and misleading misrepresentations made by your agency. Please direct all future communication regarding this matter in writing to the address provided at the top of this letter. Thank you for your prompt attention to this matter. 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.
