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: San Jose, California Letter to Inform Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing or Implying Documents as Legal Process Introduction: In San Jose, California, consumers have the right to protect themselves from debt collectors who engage in false or misleading practices, including misrepresenting or implying that certain documents are legal processes. This letter serves as a formal communication to inform debt collectors of their unlawful actions and demand corrective measures. Below, we provide a detailed description of the contents and include different variations of this letter based on specific circumstances. Keywords: San Jose, California; debt collector; false or misleading misrepresentations; collection activities; falsely representing; implying; documents; legal process. Sample Content: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Agency's Address] [City, State, ZIP] Re: False or Misleading Misrepresentations in Collection Activities — Falsely Representing or Implying Documents are Legal Process Dear [Debt Collection Agency Name], I am writing to bring to your attention a matter of grave concern regarding the collection activities conducted by your agency. It has come to my attention that your organization has engaged in false or misleading practices, specifically by representing or implying that certain documents provided to me are considered legal processes. I must strongly emphasize that such actions are in direct violation of the laws governing debt collection activities in San Jose, California, including the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). These laws are in place to protect consumers from deceptive and harassing collection techniques. By falsely representing or implying that these documents hold the weight and authority of legal processes, your agency is engaging in unfair and unlawful practices. This misrepresentation is a serious matter, one which I request you address promptly and appropriately. I demand that you immediately cease and desist from falsely representing any documents you send to me as legal processes. Furthermore, I request that you provide a written response within [15] days of receipt of this letter, outlining the corrective measures your agency will undertake to rectify this violation. Failure to comply with the aforementioned request may result in legal action being taken against your organization. It is my intention to protect my rights as a consumer and seek any remedies available under the law. Please be advised that all future communications regarding this debt may be conducted in writing. Any phone calls or other forms of communication from your agency after receiving this letter will be documented and considered as attempts to collect in violation of applicable laws. I expect prompt attention to this matter and a written response within the given timeframe. Your immediate attention to this issue will be greatly appreciated. Sincerely, [Your Name] Additional variations of this letter could include: 1. Letter to Debt Collection Agency — Misrepresentation of Legal Documents Regarding [Your Name]'s Debt 2. San Jose, California Cease and Desist Letter to Debt Collector — Falsely Representing Documents as Legal Processes 3. San Jose, California Letter of Protest — Debt Collector Misleading Implications of Legal Documents 4. Demand Notice — False Representation of Documents as Legal Process by Debt Collection Agency in San Jose, California Note: It is crucial to consult with an attorney or legal professional before sending any formal communication or taking further action regarding debt collection matters.Title: San Jose, California Letter to Inform Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing or Implying Documents as Legal Process Introduction: In San Jose, California, consumers have the right to protect themselves from debt collectors who engage in false or misleading practices, including misrepresenting or implying that certain documents are legal processes. This letter serves as a formal communication to inform debt collectors of their unlawful actions and demand corrective measures. Below, we provide a detailed description of the contents and include different variations of this letter based on specific circumstances. Keywords: San Jose, California; debt collector; false or misleading misrepresentations; collection activities; falsely representing; implying; documents; legal process. Sample Content: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Agency's Address] [City, State, ZIP] Re: False or Misleading Misrepresentations in Collection Activities — Falsely Representing or Implying Documents are Legal Process Dear [Debt Collection Agency Name], I am writing to bring to your attention a matter of grave concern regarding the collection activities conducted by your agency. It has come to my attention that your organization has engaged in false or misleading practices, specifically by representing or implying that certain documents provided to me are considered legal processes. I must strongly emphasize that such actions are in direct violation of the laws governing debt collection activities in San Jose, California, including the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). These laws are in place to protect consumers from deceptive and harassing collection techniques. By falsely representing or implying that these documents hold the weight and authority of legal processes, your agency is engaging in unfair and unlawful practices. This misrepresentation is a serious matter, one which I request you address promptly and appropriately. I demand that you immediately cease and desist from falsely representing any documents you send to me as legal processes. Furthermore, I request that you provide a written response within [15] days of receipt of this letter, outlining the corrective measures your agency will undertake to rectify this violation. Failure to comply with the aforementioned request may result in legal action being taken against your organization. It is my intention to protect my rights as a consumer and seek any remedies available under the law. Please be advised that all future communications regarding this debt may be conducted in writing. Any phone calls or other forms of communication from your agency after receiving this letter will be documented and considered as attempts to collect in violation of applicable laws. I expect prompt attention to this matter and a written response within the given timeframe. Your immediate attention to this issue will be greatly appreciated. Sincerely, [Your Name] Additional variations of this letter could include: 1. Letter to Debt Collection Agency — Misrepresentation of Legal Documents Regarding [Your Name]'s Debt 2. San Jose, California Cease and Desist Letter to Debt Collector — Falsely Representing Documents as Legal Processes 3. San Jose, California Letter of Protest — Debt Collector Misleading Implications of Legal Documents 4. Demand Notice — False Representation of Documents as Legal Process by Debt Collection Agency in San Jose, California Note: It is crucial to consult with an attorney or legal professional before sending any formal communication or taking further action regarding debt collection matters.
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.
