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:
"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."
Collin Texas — Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken Subject: Cease and Desist False Collection Activities [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Dear [Debt Collector's Name], Re: Account Number: [Account Number] I am writing to formally notify you of the false or misleading misrepresentations made by your agency in relation to the collection activities regarding the above-mentioned account. It has come to my attention that your company has been engaging in threatening actions that are prohibited by the Fair Debt Collection Practices Act (FD CPA). Firstly, I would like to address the matter of your agency threatening to take legal action that either cannot legally be taken or is not intended to be taken. This practice is a clear violation of my rights as a consumer and is not in line with ethical collection practices. Such threats have caused unnecessary distress and anxiety. I demand that you immediately cease and desist from making any false or misleading misrepresentations, including but not limited to: 1. Threatening legal actions without intentions to pursue them, 2. Threatening actions that cannot legally be taken, 3. Falsely representing the legal consequences of non-payment, 4. Misrepresenting the amount owed or falsely inflating the debt, 5. Misrepresenting the status or origin of the debt, 6. Failing to provide verification or written proof of the debt upon request. Failure to comply with this written notice will leave me no choice but to take appropriate legal action to protect my rights under the FD CPA and other applicable consumer protection laws. I am aware of my rights as a consumer and will not hesitate to file a complaint with the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) if these illegal and unethical collection practices persist. Furthermore, I kindly request that you provide me with written confirmation within 10 business days of receiving this letter that you have ceased all collection activities, removed any negative reporting on my credit file, and will refrain from any future communication regarding this debt, except as required by law. Please consider this as a final opportunity for your agency to rectify this matter voluntarily. Any further violation of my rights will result in legal action, which may include seeking damages, attorney's fees, and other available remedies under the law. Thank you for your prompt attention to this matter. I expect your full compliance within the specified timeframe. Yours sincerely, [Your Name]Collin Texas — Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken Subject: Cease and Desist False Collection Activities [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Dear [Debt Collector's Name], Re: Account Number: [Account Number] I am writing to formally notify you of the false or misleading misrepresentations made by your agency in relation to the collection activities regarding the above-mentioned account. It has come to my attention that your company has been engaging in threatening actions that are prohibited by the Fair Debt Collection Practices Act (FD CPA). Firstly, I would like to address the matter of your agency threatening to take legal action that either cannot legally be taken or is not intended to be taken. This practice is a clear violation of my rights as a consumer and is not in line with ethical collection practices. Such threats have caused unnecessary distress and anxiety. I demand that you immediately cease and desist from making any false or misleading misrepresentations, including but not limited to: 1. Threatening legal actions without intentions to pursue them, 2. Threatening actions that cannot legally be taken, 3. Falsely representing the legal consequences of non-payment, 4. Misrepresenting the amount owed or falsely inflating the debt, 5. Misrepresenting the status or origin of the debt, 6. Failing to provide verification or written proof of the debt upon request. Failure to comply with this written notice will leave me no choice but to take appropriate legal action to protect my rights under the FD CPA and other applicable consumer protection laws. I am aware of my rights as a consumer and will not hesitate to file a complaint with the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) if these illegal and unethical collection practices persist. Furthermore, I kindly request that you provide me with written confirmation within 10 business days of receiving this letter that you have ceased all collection activities, removed any negative reporting on my credit file, and will refrain from any future communication regarding this debt, except as required by law. Please consider this as a final opportunity for your agency to rectify this matter voluntarily. Any further violation of my rights will result in legal action, which may include seeking damages, attorney's fees, and other available remedies under the law. Thank you for your prompt attention to this matter. I expect your full compliance within the specified timeframe. 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.
