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: Cease and Desist Letter to Debt Collector in Relation to False and Misleading Representations Dear [Debt Collector's Name], I am writing to formally address the false and misleading collection activities carried out by your agency regarding my outstanding debt. With this letter, I kindly request that you cease and desist from engaging in any further false or misleading misrepresentations in accordance with the Fair Debt Collection Practices Act (FD CPA). First and foremost, I would like to bring to your attention a specific concern that has come to my notice. It has come to my attention that your agency has been falsely implying that my failure to respond in a timely manner would serve as an admission of liability in regard to the debt in question. I would like to emphasize that this misleading statement is not only incorrect but also a direct violation of the FD CPA. Under the law, my failure to respond to a debt collection attempt does not equate to an admission of liability. I understand my rights as a consumer, and it is important to note that an admission of liability can only be legally established through my express acknowledgement or a court-directed judgment. Any attempt from your agency to mislead me or imply otherwise is clearly an infringement on my rights as protected by the FD CPA. Furthermore, it has come to my attention that this false representation is not an isolated incident but a pattern in your collection activities. Your agency has also engaged in similar misleading tactics with a number of other consumers in the Cuyahoga County, Ohio area. These actions portray a complete disregard for the rights of consumers and the laws implemented to protect them, especially in regard to the legal consequences of non-response. In light of these misrepresentations, I demand that your agency immediately cease all attempts to mislead me regarding the legal consequences of my actions. Failure to comply with this demand will leave me with no choice but to pursue legal action against your agency to protect my rights, as provided by federal law. I trust that you will take this matter seriously and promptly rectify your collection activities to remain in compliance with the FD CPA. I expect that my rights as a consumer will be respected, and all future communications from your agency will align with the legislative guidelines set forth in the aforementioned act. Furthermore, I look forward to receiving written confirmation within [specified timeframe] that you have taken the necessary steps to rectify this matter. Please be aware that any further false or misleading representation from your agency will only strengthen my resolve to pursue legal action to protect my rights and hold you accountable for your actions. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Cease and Desist Letter to Debt Collector in Relation to False and Misleading Representations Dear [Debt Collector's Name], I am writing to formally address the false and misleading collection activities carried out by your agency regarding my outstanding debt. With this letter, I kindly request that you cease and desist from engaging in any further false or misleading misrepresentations in accordance with the Fair Debt Collection Practices Act (FD CPA). First and foremost, I would like to bring to your attention a specific concern that has come to my notice. It has come to my attention that your agency has been falsely implying that my failure to respond in a timely manner would serve as an admission of liability in regard to the debt in question. I would like to emphasize that this misleading statement is not only incorrect but also a direct violation of the FD CPA. Under the law, my failure to respond to a debt collection attempt does not equate to an admission of liability. I understand my rights as a consumer, and it is important to note that an admission of liability can only be legally established through my express acknowledgement or a court-directed judgment. Any attempt from your agency to mislead me or imply otherwise is clearly an infringement on my rights as protected by the FD CPA. Furthermore, it has come to my attention that this false representation is not an isolated incident but a pattern in your collection activities. Your agency has also engaged in similar misleading tactics with a number of other consumers in the Cuyahoga County, Ohio area. These actions portray a complete disregard for the rights of consumers and the laws implemented to protect them, especially in regard to the legal consequences of non-response. In light of these misrepresentations, I demand that your agency immediately cease all attempts to mislead me regarding the legal consequences of my actions. Failure to comply with this demand will leave me with no choice but to pursue legal action against your agency to protect my rights, as provided by federal law. I trust that you will take this matter seriously and promptly rectify your collection activities to remain in compliance with the FD CPA. I expect that my rights as a consumer will be respected, and all future communications from your agency will align with the legislative guidelines set forth in the aforementioned act. Furthermore, I look forward to receiving written confirmation within [specified timeframe] that you have taken the necessary steps to rectify this matter. Please be aware that any further false or misleading representation from your agency will only strengthen my resolve to pursue legal action to protect my rights and hold you accountable for your actions. 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.
