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:
"(13) The false representation or implication that documents are legal process."
Title: Allegheny Pennsylvania Letter: Exposing False or Misleading Misrepresentations by Debt Collectors — Documents Misrepresented as Legal Process Introduction: In the state of Pennsylvania, specifically Allegheny County, it is important to be aware of your rights as a consumer when dealing with debt collectors. This detailed letter serves as a formal notice to inform debt collectors of their false or misleading misrepresentations in collection activities. Specifically, it focuses on situations where debt collectors falsely represent or imply that certain documents they provide are legal process. This letter aims to protect consumers' rights and ensure fair debt collection practices. Key Elements to Include in the Letter: 1. Greeting and Identification: Begin the letter with a professional greeting and your personal identification details, including your name, address, phone number, and email address. 2. Collection Agency Details: Clearly state the name and contact information of the collection agency or debt collector involved in the misleading activities. Include any reference or account numbers related to the debt in question. 3. Assert Your Rights: Introduce the purpose of the letter by emphasizing that you are aware of your rights under the Fair Debt Collection Practices Act (FD CPA) and the Pennsylvania Fair Credit Extension Uniformity Act (PFC EUA). 4. Describe Misleading Misrepresentations: Clearly outline the instances where the debt collector falsely represented or implied that certain documents they provided were legal process. Provide specific details, including dates, names of representatives involved, and copies of the misleading documents if available. 5. Legal Violations: Mention that these actions by the debt collector violate applicable state and federal laws. Cite relevant sections of the FD CPA and PFC EUA to support your claim. 6. Demand for Cessation: Clearly state that you demand an immediate cessation of any false or misleading representations regarding the documents as legal process. Specify a reasonable timeframe for the debt collector to comply with your request. 7. Remedy and Consequences: Indicate that failure to comply with your demand may result in legal action, including filing a complaint with the Consumer Financial Protection Bureau (CFPB), the Pennsylvania Office of the Attorney General, and pursuing a private cause of action in court seeking appropriate damages. 8. Request for Confirmation: Ask the debt collector to acknowledge, in writing, their receipt of the letter and their commitment to cease the misleading activities. 9. Contact Information: Provide alternative contact details or methods, such as a phone number or email address, where the debt collector can promptly reach you to discuss this matter further. 10. Closing: End the letter with a professional closing and your printed name. Different Types of Letters: 1. Allegheny Pennsylvania Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Misrepresentation of Legal Documents Claiming Legal Action. 2. Allegheny Pennsylvania Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Implying Legal Authority via Documents. 3. Allegheny Pennsylvania Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Misleading Documents and Illegal Threats. Please note that the information provided is for general guidance purposes only and should not be considered legal advice. It is recommended to consult with an attorney for specific legal advice tailored to your situation.
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.
