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: Houston, Texas — Letter Addressing False or Misleading Misrepresentations by Debt Collectors Dear [Debt Collection Agency], I hope this letter finds you well. I am writing to inform you of my deep concerns regarding the recent collection activities and the potential misleading and false representations made by your agency. Specifically, I am troubled by the inaccurate information provided that suggests certain legal consequences and implications if I do not respond to your collection efforts. I would like to bring to your attention the following issues: 1. False Implication of Admission of Liability: During our previous conversations, I have noticed a recurring pattern whereby your representatives implied that my failure to respond would automatically be considered an admission of liability. It is important to clarify that I am entitled to exercise my rights under the Fair Debt Collection Practices Act (FD CPA) without any presumption of guilt or liability on my part. I expect your agency to cease this misleading representation immediately. 2. Misrepresentation of Legal Consequences: On multiple occasions, your debt collection representatives have falsely described the legal consequences associated with my failure to comply with your requests or make payments. It is imperative to emphasize that only a court of law can legally determine any consequences resulting from a failure to respond, and it is within my rights to contest any alleged debt. Any further inaccurate or misleading statements regarding potential outcomes will not be tolerated. To ensure a clear understanding moving forward, I kindly request the following actions to be taken: 1. Cease False or Misleading Representations: In accordance with the FD CPA, I expect your agency to immediately cease any false or misleading representations of legal consequences. This includes clarifying to your representatives that a failure to respond does not equate to an admission of liability. 2. Accurate Disclosure of Legal Rights: Provide me with accurate information regarding my rights as a consumer under the FD CPA and additional applicable federal and state laws. Please ensure your representatives are well-informed and trained to provide correct information to consumers. 3. Provide Documentation: If you believe that I owe this debt, I request that you provide me with complete and verifiable documentation supporting your claims, including the original creditor, the amount owed, and the details of any previous payments or transactions. I reserve the right to scrutinize all documents before taking any further action. I trust that you will act promptly and responsibly in addressing the aforementioned concerns. Failure to do so may result in pursuing appropriate legal action to protect my rights as a consumer. I strongly encourage your agency to rectify these misleading practices, as my goal is to resolve this matter in a fair and just manner. Please consider this letter as a formal notice, as prescribed by the FD CPA, of false or misleading debt collection practices. I expect the immediate resolution of these concerns by [specific date, usually 30 days from the date of the letter]. Should you fail to respond or continue engaging in misleading practices, it may result in a complaint filed with the appropriate state and federal authorities. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Houston, Texas — Letter Addressing False or Misleading Misrepresentations by Debt Collectors Dear [Debt Collection Agency], I hope this letter finds you well. I am writing to inform you of my deep concerns regarding the recent collection activities and the potential misleading and false representations made by your agency. Specifically, I am troubled by the inaccurate information provided that suggests certain legal consequences and implications if I do not respond to your collection efforts. I would like to bring to your attention the following issues: 1. False Implication of Admission of Liability: During our previous conversations, I have noticed a recurring pattern whereby your representatives implied that my failure to respond would automatically be considered an admission of liability. It is important to clarify that I am entitled to exercise my rights under the Fair Debt Collection Practices Act (FD CPA) without any presumption of guilt or liability on my part. I expect your agency to cease this misleading representation immediately. 2. Misrepresentation of Legal Consequences: On multiple occasions, your debt collection representatives have falsely described the legal consequences associated with my failure to comply with your requests or make payments. It is imperative to emphasize that only a court of law can legally determine any consequences resulting from a failure to respond, and it is within my rights to contest any alleged debt. Any further inaccurate or misleading statements regarding potential outcomes will not be tolerated. To ensure a clear understanding moving forward, I kindly request the following actions to be taken: 1. Cease False or Misleading Representations: In accordance with the FD CPA, I expect your agency to immediately cease any false or misleading representations of legal consequences. This includes clarifying to your representatives that a failure to respond does not equate to an admission of liability. 2. Accurate Disclosure of Legal Rights: Provide me with accurate information regarding my rights as a consumer under the FD CPA and additional applicable federal and state laws. Please ensure your representatives are well-informed and trained to provide correct information to consumers. 3. Provide Documentation: If you believe that I owe this debt, I request that you provide me with complete and verifiable documentation supporting your claims, including the original creditor, the amount owed, and the details of any previous payments or transactions. I reserve the right to scrutinize all documents before taking any further action. I trust that you will act promptly and responsibly in addressing the aforementioned concerns. Failure to do so may result in pursuing appropriate legal action to protect my rights as a consumer. I strongly encourage your agency to rectify these misleading practices, as my goal is to resolve this matter in a fair and just manner. Please consider this letter as a formal notice, as prescribed by the FD CPA, of false or misleading debt collection practices. I expect the immediate resolution of these concerns by [specific date, usually 30 days from the date of the letter]. Should you fail to respond or continue engaging in misleading practices, it may result in a complaint filed with the appropriate state and federal authorities. 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.
