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).
Subject: Challenging False or Misleading Debt Collection Practices in Bronx, New York Dear [Debt Collector's Name], I am writing this letter to address some concerning issues regarding your debt collection activities and the misleading misrepresentations I have encountered as a consumer. It has come to my attention that your company has engaged in deceptive practices, particularly by making false statements about the legal consequences of my actions or inaction pertaining to the alleged debt I owe. I want to clarify that such actions are not only unethical but also in violation of the Fair Debt Collection Practices Act. Firstly, I would like to emphasize that I, as the consumer, am fully aware of my rights and obligations. Your attempts to mislead me by suggesting that my failure to respond to your collection efforts constitutes an admission of liability is not only misleading but also a clear misrepresentation of the legal consequences surrounding debt collection. The Fair Debt Collection Practices Act explicitly prohibits debt collectors from engaging in deceptive or misleading conduct. Section 807(10) of the Act states that it is illegal to use false, deceptive, or misleading representations or means in connection with the collection of any debt. By falsely implying that my silence serves as an admission of my liability, your company violates this provision, jeopardizing its compliance with the law. Moreover, your misleading statements create an unfair and intimidating atmosphere that hinders my ability to evaluate the legitimacy of the debt. Such tactics are inconsistent with the principles of transparency and fair dealing that any debt collection process should uphold. I hereby request that you immediately cease all misleading misrepresentations in your collection activities. Please take the necessary steps to rectify this matter and ensure that your future communications are accurate and compliant with the law. If you persist in engaging in misleading practices or fail to address this matter appropriately, I will have no choice but to report your company to the Federal Trade Commission, the Consumer Financial Protection Bureau, and the [State Name] Attorney General's office. I will also not hesitate to seek legal remedies available to me under the Fair Debt Collection Practices Act. I trust that you will take this matter seriously and promptly address the concerns raised. Your cooperation in rectifying this situation will be greatly appreciated. Please confirm in writing, within [reasonable timeframe, e.g., 14 calendar days], that you have ceased all misrepresentations and will adhere to ethical and lawful collection practices moving forward. Thank you for your attention to this matter. [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Challenging False or Misleading Debt Collection Practices in Bronx, New York Dear [Debt Collector's Name], I am writing this letter to address some concerning issues regarding your debt collection activities and the misleading misrepresentations I have encountered as a consumer. It has come to my attention that your company has engaged in deceptive practices, particularly by making false statements about the legal consequences of my actions or inaction pertaining to the alleged debt I owe. I want to clarify that such actions are not only unethical but also in violation of the Fair Debt Collection Practices Act. Firstly, I would like to emphasize that I, as the consumer, am fully aware of my rights and obligations. Your attempts to mislead me by suggesting that my failure to respond to your collection efforts constitutes an admission of liability is not only misleading but also a clear misrepresentation of the legal consequences surrounding debt collection. The Fair Debt Collection Practices Act explicitly prohibits debt collectors from engaging in deceptive or misleading conduct. Section 807(10) of the Act states that it is illegal to use false, deceptive, or misleading representations or means in connection with the collection of any debt. By falsely implying that my silence serves as an admission of my liability, your company violates this provision, jeopardizing its compliance with the law. Moreover, your misleading statements create an unfair and intimidating atmosphere that hinders my ability to evaluate the legitimacy of the debt. Such tactics are inconsistent with the principles of transparency and fair dealing that any debt collection process should uphold. I hereby request that you immediately cease all misleading misrepresentations in your collection activities. Please take the necessary steps to rectify this matter and ensure that your future communications are accurate and compliant with the law. If you persist in engaging in misleading practices or fail to address this matter appropriately, I will have no choice but to report your company to the Federal Trade Commission, the Consumer Financial Protection Bureau, and the [State Name] Attorney General's office. I will also not hesitate to seek legal remedies available to me under the Fair Debt Collection Practices Act. I trust that you will take this matter seriously and promptly address the concerns raised. Your cooperation in rectifying this situation will be greatly appreciated. Please confirm in writing, within [reasonable timeframe, e.g., 14 calendar days], that you have ceased all misrepresentations and will adhere to ethical and lawful collection practices moving forward. Thank you for your attention to this matter. [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.