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:
"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
This would include misleading a consumer as to the legal consequences of their actions (e.g., falsely implying that a failure to respond is an admission of liability).
Alameda California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Misleading a Consumer as to the Legal Consequences of their Actions — e.g., Falsely Implying that a Failure to Respond is an Admission of Liability Subject: Disputing False or Misleading Collection Activities regarding Outstanding Debt [Your Name, Account No.] Dear [Debt Collector's Name], I am writing to address my grave concerns regarding the collection activities undertaken by your agency related to the alleged outstanding debt associated with my account referenced above. It has come to my attention that your organization has been engaging in false or misleading misrepresentations, particularly by misleading me as a consumer about the legal consequences of my actions or inaction. I feel it is imperative to address these concerns, as it appears that your agency may be violating the Fair Debt Collection Practices Act (FD CPA) and other applicable laws and regulations. The following false or misleading practices have been observed: 1. Falsely implying that a failure to respond is an admission of liability: In multiple correspondences, your agency has insinuated that my decision to not respond to your collection efforts would be construed as an admission of liability. This is a misleading misrepresentation of the law, as failure to respond does not automatically indicate culpability. 2. Misrepresenting legal consequences: Your agency has made statements indicating that legal actions, such as the initiation of litigation or the imposition of severe penalties, would be taken if I do not comply with your demands. These statements lead consumers to believe that their inaction may result in dire legal consequences, thereby misrepresenting the actual legal ramifications. 3. Creating a false sense of urgency: Some collection notices I have received from your agency have included language that implies an urgent need for immediate action. By creating a sense of urgency, your organization may be pressuring consumers into making hasty decisions, possibly uninformed choices that can jeopardize their rights. These deceptive practices undermine the spirit of consumer protection, exploit vulnerable individuals, and tarnish the reputation of your organization. Therefore, I demand that you immediately cease all such false or misleading collection activities and take the necessary steps to rectify the harm caused. I also urge you to provide written confirmation within 30 days from the receipt of this letter that you have ceased engaging in these deceptive practices. Failure to provide such confirmation will leave me with no choice but to lodge a complaint with the appropriate regulatory authorities, including but not limited to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). Moreover, I would like to receive accurate and complete documentation regarding the alleged debt, including itemized statements, original contracts, and any other relevant supporting information. I reserve my right to verify the legitimacy and accuracy of the claimed debt within the legal framework established under the FD CPA. I expect prompt and genuine cooperation from your side to resolve this matter appropriately. Failure to do so will leave me with no other option but to explore further legal remedies available to me under the law. Please consider this letter as a formal dispute and a request to cease all communication until you have complied with the aforementioned requests. All future correspondence from your agency must be limited to providing the requested information or acknowledging the closure of this matter. I anticipate your immediate attention to this serious matter and a swift resolution to rectify the false or misleading misrepresentations in your collection activities. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]Alameda California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Misleading a Consumer as to the Legal Consequences of their Actions — e.g., Falsely Implying that a Failure to Respond is an Admission of Liability Subject: Disputing False or Misleading Collection Activities regarding Outstanding Debt [Your Name, Account No.] Dear [Debt Collector's Name], I am writing to address my grave concerns regarding the collection activities undertaken by your agency related to the alleged outstanding debt associated with my account referenced above. It has come to my attention that your organization has been engaging in false or misleading misrepresentations, particularly by misleading me as a consumer about the legal consequences of my actions or inaction. I feel it is imperative to address these concerns, as it appears that your agency may be violating the Fair Debt Collection Practices Act (FD CPA) and other applicable laws and regulations. The following false or misleading practices have been observed: 1. Falsely implying that a failure to respond is an admission of liability: In multiple correspondences, your agency has insinuated that my decision to not respond to your collection efforts would be construed as an admission of liability. This is a misleading misrepresentation of the law, as failure to respond does not automatically indicate culpability. 2. Misrepresenting legal consequences: Your agency has made statements indicating that legal actions, such as the initiation of litigation or the imposition of severe penalties, would be taken if I do not comply with your demands. These statements lead consumers to believe that their inaction may result in dire legal consequences, thereby misrepresenting the actual legal ramifications. 3. Creating a false sense of urgency: Some collection notices I have received from your agency have included language that implies an urgent need for immediate action. By creating a sense of urgency, your organization may be pressuring consumers into making hasty decisions, possibly uninformed choices that can jeopardize their rights. These deceptive practices undermine the spirit of consumer protection, exploit vulnerable individuals, and tarnish the reputation of your organization. Therefore, I demand that you immediately cease all such false or misleading collection activities and take the necessary steps to rectify the harm caused. I also urge you to provide written confirmation within 30 days from the receipt of this letter that you have ceased engaging in these deceptive practices. Failure to provide such confirmation will leave me with no choice but to lodge a complaint with the appropriate regulatory authorities, including but not limited to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). Moreover, I would like to receive accurate and complete documentation regarding the alleged debt, including itemized statements, original contracts, and any other relevant supporting information. I reserve my right to verify the legitimacy and accuracy of the claimed debt within the legal framework established under the FD CPA. I expect prompt and genuine cooperation from your side to resolve this matter appropriately. Failure to do so will leave me with no other option but to explore further legal remedies available to me under the law. Please consider this letter as a formal dispute and a request to cease all communication until you have complied with the aforementioned requests. All future correspondence from your agency must be limited to providing the requested information or acknowledging the closure of this matter. I anticipate your immediate attention to this serious matter and a swift resolution to rectify the false or misleading misrepresentations in your collection activities. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]
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.
