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).
Dear [Debt Collector's Name], I am writing to bring to your attention some concerns regarding the collection activities being conducted by your agency. I recently received a communication from your agency, which contained false and misleading misrepresentations pertaining to the legal consequences of my actions. It is crucial that we address these inaccuracies promptly to ensure compliance with the Fair Debt Collection Practices Act (FD CPA). First and foremost, your communication falsely implies that my failure to respond to your notice constitutes an admission of liability for the alleged debt. It is important to note that silence or non-response does not equate to an admission of guilt or liability under the law. Making such misleading statements may constitute a violation of the FD CPA, which was enacted to protect consumers like me from unfair and deceptive debt collection practices. Furthermore, your letter did not provide clear and accurate information regarding the legal consequences that may follow should I choose not to respond. As a consumer, I have the right to be fully informed about the potential outcomes of any actions relating to my debt. Misleading consumers by misrepresenting the legal implications of their actions undermines their rights and can create undue stress and confusion during the collection process. It is important to emphasize that I am willing to cooperate in resolving any legitimate concerns regarding this alleged debt. However, I strongly urge you to reconsider your approach and adhere to the regulatory guidelines outlined by the FD CPA. Open and honest communication is essential in ensuring a fair and transparent debt collection process. I kindly request that you immediately rectify the misleading statements in your communications and refrain from engaging in any further deceptive practices. Failure to comply with the FD CPA may result in legal action being taken against your agency to protect my rights as a consumer. I expect a prompt response from your agency regarding the corrective measures taken to address my concerns. Please furnish me with written confirmation within [time frame] that you have rectified the misleading misrepresentations contained in your previous communication. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], I am writing to bring to your attention some concerns regarding the collection activities being conducted by your agency. I recently received a communication from your agency, which contained false and misleading misrepresentations pertaining to the legal consequences of my actions. It is crucial that we address these inaccuracies promptly to ensure compliance with the Fair Debt Collection Practices Act (FD CPA). First and foremost, your communication falsely implies that my failure to respond to your notice constitutes an admission of liability for the alleged debt. It is important to note that silence or non-response does not equate to an admission of guilt or liability under the law. Making such misleading statements may constitute a violation of the FD CPA, which was enacted to protect consumers like me from unfair and deceptive debt collection practices. Furthermore, your letter did not provide clear and accurate information regarding the legal consequences that may follow should I choose not to respond. As a consumer, I have the right to be fully informed about the potential outcomes of any actions relating to my debt. Misleading consumers by misrepresenting the legal implications of their actions undermines their rights and can create undue stress and confusion during the collection process. It is important to emphasize that I am willing to cooperate in resolving any legitimate concerns regarding this alleged debt. However, I strongly urge you to reconsider your approach and adhere to the regulatory guidelines outlined by the FD CPA. Open and honest communication is essential in ensuring a fair and transparent debt collection process. I kindly request that you immediately rectify the misleading statements in your communications and refrain from engaging in any further deceptive practices. Failure to comply with the FD CPA may result in legal action being taken against your agency to protect my rights as a consumer. I expect a prompt response from your agency regarding the corrective measures taken to address my concerns. Please furnish me with written confirmation within [time frame] that you have rectified the misleading misrepresentations contained in your previous communication. Thank you for your attention to this matter. 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.
