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."
Bronx New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Debtor has or is Committing Criminal Fraud by Nonpayment of a Debt Dear [Debt Collector's Name], I am writing to address a matter of utmost importance regarding your recent collection activities in relation to the alleged debt owed by me. It has come to my attention that you have been falsely representing that I have committed criminal fraud through nonpayment of the said debt. I hereby inform you that such misleading misrepresentations are entirely false and unacceptable. Firstly, it is crucial to clarify that nonpayment of a debt, by no means, constitutes criminal fraud. Debts are a civil matter, and allegations of criminal conduct should never be made without concrete evidence. Your deliberate attempt to falsely link my nonpayment to criminal activity is not only misleading but also potentially defamatory. Bronx New York law requires debt collectors to adhere to strict guidelines outlined by the Fair Debt Collection Practices Act (FD CPA). Under this act, it is explicitly prohibited for debt collectors to engage in any form of deception, harassment, or unfair practices. Representing that I have committed criminal fraud through nonpayment of a debt clearly violates the FD CPA guidelines. Furthermore, it is essential to note that the debts in question are disputed, and I have not been provided with adequate validation or verification of the alleged debts as required by law. Please be advised that I expect you to cease all collection activities until such time that the necessary validation has been provided to validate the legitimacy of the debts. I must emphasize that any future false or misleading misrepresentations in your collection activities will be taken very seriously. Violations of the FD CPA can result in legal repercussions, including but not limited to legal action against your agency. As a consumer, I am well aware of my rights, and I intend to exercise them fully if necessary. Lastly, I request that you provide written confirmation within 30 days of receipt of this letter, acknowledging the receipt of my dispute and detailing your plan of action to rectify the false and misleading representation made regarding criminal fraud. Failure to respond to this request may result in further legal action to protect my rights as a consumer. In conclusion, I urge you to rectify the false and misleading representations made in your collection activities immediately. Your compliance in this matter is vital to preserve my rights as a debtor and to ensure compliance with the FD CPA. I expect your prompt response and action in this regard. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Date]
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.
