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."
Title: Harris 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 Introduction: In Harris County, Texas, individuals are protected by various laws and regulations when it comes to debt collection practices. If you find yourself in a situation where a debt collector is making false or misleading statements about the actions they can legally take or actions they have no intention of taking, it is crucial to assert your rights. This article will provide you with a detailed description of an effective letter template that can be used to inform the debt collector about such false or misleading misrepresentations. Letter template: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to address the recent communication and actions taken by your company, [Debt Collection Agency Name], regarding the collection of a debt allegedly owed by me. It has come to my attention that your agency has engaged in false or misleading misrepresentations, particularly by threatening to take an action that either cannot legally be taken or is not intended to be taken. I am fully aware of my rights and rights bestowed upon me by federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Texas Debt Collection Act (TCA). According to these laws, debt collectors must refrain from engaging in deceptive, unfair, or abusive practices, as well as from making false statements regarding the actions they can legally take or their intentions. Yet, I have received multiple communications from your agency that have raised serious concerns. Specifically, [provide specific examples of false or misleading representations made by the debt collector, such as threatening legal action that is not viable or stating intentions to take certain actions that have not been carried out]. These statements not only violate the FD CPA and TCA but also undermine my confidence in the accuracy and legitimacy of your collection activities. I demand that you immediately cease all false or misleading representations. I expect your agency to adhere to the required standards set forth in the FD CPA and TCA. Failure to do so may result in my pursuit of legal action and reporting your agency's violations to the appropriate regulatory bodies. Furthermore, please provide written confirmation within [a reasonable time frame, typically 30 days] that all misleading or false claims have been retracted and that your agency will refrain from engaging in such practices in the future. Additionally, include any documentation or information that verifies the debt's validity and establishes the authority of your agency to collect on it. I trust that, going forward, you will rectify the situation and respect my rights as a consumer. Failure to comply with my demands will leave me with no choice but to seek legal remedies available to me. Thank you for your prompt attention to this matter. I anticipate a swift resolution to avoid any unnecessary legal actions. Sincerely, [Your Name] Types of Harris Texas Letters Informing Debt Collectors of False or Misleading Misrepresentations: 1. Harris Texas Letter Informing Debt Collector of False Threats of Legal Actions. 2. Harris Texas Letter Informing Debt Collector of Misleading Representation of Intended Actions. 3. Harris Texas Letter Informing Debt Collector of False Representation of Legal Authority. 4. Harris Texas Letter Informing Debt Collector of False Claims regarding Debt's Validity. 5. Harris Texas Letter Informing Debt Collector of Misleading or False Information Provided. Please note that the types of letters may vary based on the specific misrepresentations made by the debt collector, but the template provided can be adapted accordingly to address the relevant concerns.Title: Harris 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 Introduction: In Harris County, Texas, individuals are protected by various laws and regulations when it comes to debt collection practices. If you find yourself in a situation where a debt collector is making false or misleading statements about the actions they can legally take or actions they have no intention of taking, it is crucial to assert your rights. This article will provide you with a detailed description of an effective letter template that can be used to inform the debt collector about such false or misleading misrepresentations. Letter template: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to address the recent communication and actions taken by your company, [Debt Collection Agency Name], regarding the collection of a debt allegedly owed by me. It has come to my attention that your agency has engaged in false or misleading misrepresentations, particularly by threatening to take an action that either cannot legally be taken or is not intended to be taken. I am fully aware of my rights and rights bestowed upon me by federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Texas Debt Collection Act (TCA). According to these laws, debt collectors must refrain from engaging in deceptive, unfair, or abusive practices, as well as from making false statements regarding the actions they can legally take or their intentions. Yet, I have received multiple communications from your agency that have raised serious concerns. Specifically, [provide specific examples of false or misleading representations made by the debt collector, such as threatening legal action that is not viable or stating intentions to take certain actions that have not been carried out]. These statements not only violate the FD CPA and TCA but also undermine my confidence in the accuracy and legitimacy of your collection activities. I demand that you immediately cease all false or misleading representations. I expect your agency to adhere to the required standards set forth in the FD CPA and TCA. Failure to do so may result in my pursuit of legal action and reporting your agency's violations to the appropriate regulatory bodies. Furthermore, please provide written confirmation within [a reasonable time frame, typically 30 days] that all misleading or false claims have been retracted and that your agency will refrain from engaging in such practices in the future. Additionally, include any documentation or information that verifies the debt's validity and establishes the authority of your agency to collect on it. I trust that, going forward, you will rectify the situation and respect my rights as a consumer. Failure to comply with my demands will leave me with no choice but to seek legal remedies available to me. Thank you for your prompt attention to this matter. I anticipate a swift resolution to avoid any unnecessary legal actions. Sincerely, [Your Name] Types of Harris Texas Letters Informing Debt Collectors of False or Misleading Misrepresentations: 1. Harris Texas Letter Informing Debt Collector of False Threats of Legal Actions. 2. Harris Texas Letter Informing Debt Collector of Misleading Representation of Intended Actions. 3. Harris Texas Letter Informing Debt Collector of False Representation of Legal Authority. 4. Harris Texas Letter Informing Debt Collector of False Claims regarding Debt's Validity. 5. Harris Texas Letter Informing Debt Collector of Misleading or False Information Provided. Please note that the types of letters may vary based on the specific misrepresentations made by the debt collector, but the template provided can be adapted accordingly to address the relevant concerns.
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.
