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."
Chicago Illinois Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing or Implying that Documents are Legal Process Subject Line: Cease and Desist Notice — False or Misleading Representations [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Cease and Desist Notice — False or Misleading Representations Dear [Debt Collector's Name], I am writing to bring to your attention the false or misleading representations made by your company in the collection activities concerning my alleged debt. It has come to my attention that your organization has been falsely representing or implying that certain documents you have sent me are legal process, which is not only deceptive but also violates the Fair Debt Collections Practices Act (FD CPA) and the laws of the state of Illinois. Upon careful review of the documentation received from your company, it has become apparent that the documents in question have been misrepresented as legal process in an attempt to exert undue pressure on me to pay the alleged debt. Such misrepresentations are not only unethical but also violate the FD CPA, which strictly prohibits debt collectors from using false, misleading, or deceptive tactics in the debt collection process. Specifically, the documents I am referring to are [describe the misrepresented documents in detail]. While these documents may appear to resemble legal process such as court forms, summonses, or official notices, it is abundantly clear that they do not meet the legal requirements for such documents. This attempt to mislead and intimidate me through deceptive representations is in direct violation of my rights as a consumer and should cease immediately. As a resident of Chicago, Illinois, I want to remind you that the state of Illinois has its own laws governing debt collection practices, namely the Illinois Collection Agency Act (NCAA). This act specifically prohibits debt collectors from using false, misleading, or deceptive representations in the collection of debts. I demand that your organization immediately cease and desist from any further use of false or misleading representations, particularly those implying that the documents you have sent me are legal process. Additionally, I request that you provide me with written confirmation within [reasonable timeline, e.g., 10 business days] that you have taken appropriate actions to rectify this matter and will refrain from engaging in such deceptive practices in the future. Please be aware that any failure to comply with this request will leave me with no choice but to pursue all available legal remedies under the FD CPA, the NCAA, and any other applicable federal or state laws in order to protect my rights as a consumer. I trust that you will treat this matter with the seriousness it deserves and take immediate steps to rectify the misleading representation that has taken place. Thank you for your prompt attention to this matter. I expect to receive written confirmation of your actions within the specified timeline. Failure to comply with this notice may result in legal action being pursued against your company. 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.
