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."
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 Date: [Insert Date] From: [Your Name] [Your Address] [City, State, ZIP Code] To: [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations and Threats in Collection Activities Dear [Debt Collector's Name], I am writing to express my concern and dissatisfaction regarding the collection activities conducted by your agency in relation to the alleged debt owed by me. This letter serves as an official notice informing you that I have discovered false or misleading misrepresentations in your collection efforts, specifically in regard to the threats made by your company to take actions that either cannot legally be taken or are not intended to be taken. It is crucial that you are aware that I have extensively researched the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from engaging in unfair, deceptive, or abusive practices. Specifically, Section 807(5) of the FD CPA explicitly states that debt collectors are prohibited from making any false or misleading representation or threat, including threats to take actions that cannot be legally taken or are not intended to be taken. In light of this, I must bring to your attention the following misrepresentations and threats made by your agency: 1. Threats of illegal actions: On [insert date], I received a phone call from one of your representatives who threatened to initiate legal proceedings against me unless I made an immediate payment. However, it came to my attention that the statute of limitations for this alleged debt has expired, making legal action against me inadmissible. This threat is in direct violation of the FD CPA and should cease immediately. 2. Misleading representation of credit implications: On [insert date], I received a collection notice from your agency that stated failure to pay the alleged debt would result in damaging my credit score and creditworthiness. However, upon further investigation, I discovered that this alleged debt has not been reported to any credit reporting agencies. Your misleading representation is therefore a violation of the FD CPA and must cease immediately. I am requesting that your agency takes the necessary steps to rectify these false or misleading misrepresentations and threats within [insert reasonable time period, e.g., 30 days] from the date of this letter. Failure to do so will result in my pursuit of legal action against your company, as provided for under the FD CPA. Additionally, please be aware that I am fully aware of my rights under the FD CPA, and I will not hesitate to report your agency's violations to the Federal Trade Commission, the Consumer Financial Protection Bureau, and any other relevant regulatory authorities. Such actions may result in penalties and sanctions against your company. I trust that you will address this matter promptly and appropriately. Please provide me with written confirmation that you have rectified the misleading misrepresentations and threats made, and that your agency will cease engaging in such forbidden practices. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]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 Date: [Insert Date] From: [Your Name] [Your Address] [City, State, ZIP Code] To: [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations and Threats in Collection Activities Dear [Debt Collector's Name], I am writing to express my concern and dissatisfaction regarding the collection activities conducted by your agency in relation to the alleged debt owed by me. This letter serves as an official notice informing you that I have discovered false or misleading misrepresentations in your collection efforts, specifically in regard to the threats made by your company to take actions that either cannot legally be taken or are not intended to be taken. It is crucial that you are aware that I have extensively researched the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from engaging in unfair, deceptive, or abusive practices. Specifically, Section 807(5) of the FD CPA explicitly states that debt collectors are prohibited from making any false or misleading representation or threat, including threats to take actions that cannot be legally taken or are not intended to be taken. In light of this, I must bring to your attention the following misrepresentations and threats made by your agency: 1. Threats of illegal actions: On [insert date], I received a phone call from one of your representatives who threatened to initiate legal proceedings against me unless I made an immediate payment. However, it came to my attention that the statute of limitations for this alleged debt has expired, making legal action against me inadmissible. This threat is in direct violation of the FD CPA and should cease immediately. 2. Misleading representation of credit implications: On [insert date], I received a collection notice from your agency that stated failure to pay the alleged debt would result in damaging my credit score and creditworthiness. However, upon further investigation, I discovered that this alleged debt has not been reported to any credit reporting agencies. Your misleading representation is therefore a violation of the FD CPA and must cease immediately. I am requesting that your agency takes the necessary steps to rectify these false or misleading misrepresentations and threats within [insert reasonable time period, e.g., 30 days] from the date of this letter. Failure to do so will result in my pursuit of legal action against your company, as provided for under the FD CPA. Additionally, please be aware that I am fully aware of my rights under the FD CPA, and I will not hesitate to report your agency's violations to the Federal Trade Commission, the Consumer Financial Protection Bureau, and any other relevant regulatory authorities. Such actions may result in penalties and sanctions against your company. I trust that you will address this matter promptly and appropriately. Please provide me with written confirmation that you have rectified the misleading misrepresentations and threats made, and that your agency will cease engaging in such forbidden practices. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Contact Information]
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.
