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."
Dear [Debt Collector's Name], I am writing to inform you that I have recently discovered false or misleading misrepresentations in your collection activities regarding a debt owed to [Name of Creditor]. It has come to my attention that your agency has been communicating or threatening to communicate false credit information to various individuals, including myself, without adequately disclosing that the debt is disputed. First and foremost, I would like to emphasize the importance of compliance with the Fair Debt Collection Practices Act (FD CPA), which strictly prohibits debt collectors from engaging in deceptive or unfair practices. As such, it is imperative that you rectify the false or misleading information being communicated about the disputed debt immediately. I want to highlight a few specific instances where false or misleading misrepresentations were made: 1. Failure to disclose the disputed nature of the debt: I have repeatedly disputed the validity of the debt both in writing and verbally, yet your agency has failed to inform credit reporting agencies and other relevant parties that the debt is in dispute. This omission of crucial information violates the FD CPA. 2. Threatening to communicate false credit information: It has come to my attention that your agency has been threatening to report the disputed debt to credit reporting agencies if the debt is not paid immediately, despite being fully aware of its disputed status. Such actions not only violate the FD CPA but also undermine the rights of consumers like myself. 3. Providing inaccurate or incomplete information to credit reporting agencies: Upon reviewing my credit reports, I have noticed that your agency has inaccurately reported the amount owed, the date of the last activity, or other essential details related to the debt. This inaccurate or incomplete information misrepresents the true state of the debt and is both misleading and unlawful. I must emphasize that these false or misleading misrepresentations not only harm my creditworthiness but also potentially violate federal laws. I kindly request that your agency immediately rectify this matter by: 1. Correcting and updating any inaccurate or misleading credit information provided to credit reporting agencies. 2. Disclosing to all relevant parties that the debt is in dispute, ensuring proper notification and credit reporting. 3. Ceasing all communication or threats in regard to this disputed debt until a thorough investigation is conducted and its validity is established. Please note that I am well aware of my rights under the FD CPA and will not hesitate to take legal action if these matters are not promptly addressed. Additionally, I will be documenting all future communications with your agency for potential evidence of any further violations. I expect utmost professionalism and compliance from your agency moving forward. Kindly provide written confirmation of your actions taken to amend this matter within [reasonable timeframe, e.g., 10 business days] from the receipt of this letter. Thank you for your immediate attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], I am writing to inform you that I have recently discovered false or misleading misrepresentations in your collection activities regarding a debt owed to [Name of Creditor]. It has come to my attention that your agency has been communicating or threatening to communicate false credit information to various individuals, including myself, without adequately disclosing that the debt is disputed. First and foremost, I would like to emphasize the importance of compliance with the Fair Debt Collection Practices Act (FD CPA), which strictly prohibits debt collectors from engaging in deceptive or unfair practices. As such, it is imperative that you rectify the false or misleading information being communicated about the disputed debt immediately. I want to highlight a few specific instances where false or misleading misrepresentations were made: 1. Failure to disclose the disputed nature of the debt: I have repeatedly disputed the validity of the debt both in writing and verbally, yet your agency has failed to inform credit reporting agencies and other relevant parties that the debt is in dispute. This omission of crucial information violates the FD CPA. 2. Threatening to communicate false credit information: It has come to my attention that your agency has been threatening to report the disputed debt to credit reporting agencies if the debt is not paid immediately, despite being fully aware of its disputed status. Such actions not only violate the FD CPA but also undermine the rights of consumers like myself. 3. Providing inaccurate or incomplete information to credit reporting agencies: Upon reviewing my credit reports, I have noticed that your agency has inaccurately reported the amount owed, the date of the last activity, or other essential details related to the debt. This inaccurate or incomplete information misrepresents the true state of the debt and is both misleading and unlawful. I must emphasize that these false or misleading misrepresentations not only harm my creditworthiness but also potentially violate federal laws. I kindly request that your agency immediately rectify this matter by: 1. Correcting and updating any inaccurate or misleading credit information provided to credit reporting agencies. 2. Disclosing to all relevant parties that the debt is in dispute, ensuring proper notification and credit reporting. 3. Ceasing all communication or threats in regard to this disputed debt until a thorough investigation is conducted and its validity is established. Please note that I am well aware of my rights under the FD CPA and will not hesitate to take legal action if these matters are not promptly addressed. Additionally, I will be documenting all future communications with your agency for potential evidence of any further violations. I expect utmost professionalism and compliance from your agency moving forward. Kindly provide written confirmation of your actions taken to amend this matter within [reasonable timeframe, e.g., 10 business days] from the receipt of this letter. Thank you for your immediate attention to this matter. I look forward to your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
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.
