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:
"(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP Code] Re: False or Misleading Misrepresentations in Collection Activities Dear [Debt Collection Agency's Name], I am writing to formally address the concerning and potentially unlawful collection activities carried out by your agency in relation to a debt that you claim I owe. It has come to my attention that your organization has engaged in several false or misleading misrepresentations, including the communication or threat to communicate false credit information to various individuals, while knowingly failing to communicate that the debt in question is disputed. Firstly, I want to make it clear that I dispute the accuracy and validity of the debt you are attempting to collect. I have never had any dealings or financial obligations with [Creditor's Name]. Therefore, I strongly believe that it is essential to rectify this erroneous representation immediately. Your agency's failure to communicate that the debt is disputed violates the provisions set forth in the Fair Debt Collection Practices Act (FD CPA), a federal law designed to protect consumers from misleading or abusive debt collection practices. Section 807(11) of the FD CPA clearly states that it is a violation to provide false credit information or fail to communicate that a debt is disputed. I demand that you cease all collection activities immediately until a proper investigation into the accuracy and legitimacy of this debt has been conducted. Additionally, this letter serves as formal notice of my intent to pursue legal action and file complaints with the relevant regulatory bodies if your agency continues this unlawful behavior. Please be advised that I expect written confirmation that you have received this letter within 10 days of its receipt. Furthermore, I request that all communication regarding this matter be conducted exclusively in writing. This is to ensure accurate documentation of our interactions for future reference. Finally, I would like to remind you that failure to comply with the guidelines set forth by the FD CPA can result in severe penalties for your agency, including monetary fines and potential legal action against you. I trust that any competent and ethical debt collection agency would rectify this matter swiftly and responsibly. I look forward to your prompt response, acknowledging the receipt of this letter, and confirming the suspension of all collection activities relating to the disputed debt. Thank you for your immediate 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.
