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: Important Notice: Alleged False or Misleading Misrepresentations Made by Debt Collector Regarding Legal Consequences in Mecklenburg, North Carolina Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading representations that have been reported to me regarding your collection activities concerning [account number]. It has come to my attention that you have been using deceptive tactics, specifically misleading consumers as to the legal consequences of their actions. These misrepresentations include falsely implying that a failure to respond is an admission of liability. Such practices are in violation of the Fair Debt Collection Practices Act (FD CPA) and can result in severe legal consequences for your agency. Mecklenburg County residents deserve to be treated fairly and within the confines of the law when it comes to debt collection activities. Misleading consumers regarding their legal obligations and responsibilities not only violates their rights but also undermines the trust that should exist between debtors and collectors. It is imperative that you rectify this situation immediately to avoid any further legal actions against your agency. Specifically, the following misleading misrepresentations have been reported: 1. False Implication of Admission of Liability: It has been brought to my attention that your agency has been informing consumers that a failure to respond to your collection notices would be considered an admission of their liability for the debt. This misrepresentation leads consumers to believe that not responding would automatically result in a judgment against them, which is clearly deceptive. As it stands, the FD CPA protects consumers from such misleading tactics. Section 807 of the FD CPA prohibits the use of false, deceptive, or misleading representations when collecting debts. Any implications that not responding will be construed as an admission of liability or result in immediate legal consequences are in direct violation of these provisions. To remedy this situation, I expect the following actions to be taken: 1. Cease and Desist from Misleading Representations: Immediately stop any false or misleading statements that imply a failure to respond will result in legal consequences or admission of liability. 2. Update Collection Practices: Revise your collection procedures and ensure that the communicated information is accurate and legally compliant. This includes duly informing consumers about their rights, disputing procedures, and the potential legal outcomes associated with their actions. 3. Investigate and Rectify Past Cases: Promptly investigate all cases related to misleading misrepresentations. Contact and rectify any potential harm caused to consumers who may have been impacted by these deceptive practices. Failure to comply with these requirements within [a reasonable time frame, e.g., 10 business days] will leave me no choice but to pursue all available legal remedies to protect the rights of Mecklenburg County consumers. This may include filing complaints with relevant authorities and pursuing legal action. I strongly urge your organization to take this matter seriously and address these concerns promptly. Mecklenburg County consumers deserve the fair treatment and accurate information they are entitled to under the law. Please acknowledge receipt of this letter and provide written assurance that the necessary steps will be taken to rectify this situation. Your cooperation in this matter is greatly appreciated. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Subject: Important Notice: Alleged False or Misleading Misrepresentations Made by Debt Collector Regarding Legal Consequences in Mecklenburg, North Carolina Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading representations that have been reported to me regarding your collection activities concerning [account number]. It has come to my attention that you have been using deceptive tactics, specifically misleading consumers as to the legal consequences of their actions. These misrepresentations include falsely implying that a failure to respond is an admission of liability. Such practices are in violation of the Fair Debt Collection Practices Act (FD CPA) and can result in severe legal consequences for your agency. Mecklenburg County residents deserve to be treated fairly and within the confines of the law when it comes to debt collection activities. Misleading consumers regarding their legal obligations and responsibilities not only violates their rights but also undermines the trust that should exist between debtors and collectors. It is imperative that you rectify this situation immediately to avoid any further legal actions against your agency. Specifically, the following misleading misrepresentations have been reported: 1. False Implication of Admission of Liability: It has been brought to my attention that your agency has been informing consumers that a failure to respond to your collection notices would be considered an admission of their liability for the debt. This misrepresentation leads consumers to believe that not responding would automatically result in a judgment against them, which is clearly deceptive. As it stands, the FD CPA protects consumers from such misleading tactics. Section 807 of the FD CPA prohibits the use of false, deceptive, or misleading representations when collecting debts. Any implications that not responding will be construed as an admission of liability or result in immediate legal consequences are in direct violation of these provisions. To remedy this situation, I expect the following actions to be taken: 1. Cease and Desist from Misleading Representations: Immediately stop any false or misleading statements that imply a failure to respond will result in legal consequences or admission of liability. 2. Update Collection Practices: Revise your collection procedures and ensure that the communicated information is accurate and legally compliant. This includes duly informing consumers about their rights, disputing procedures, and the potential legal outcomes associated with their actions. 3. Investigate and Rectify Past Cases: Promptly investigate all cases related to misleading misrepresentations. Contact and rectify any potential harm caused to consumers who may have been impacted by these deceptive practices. Failure to comply with these requirements within [a reasonable time frame, e.g., 10 business days] will leave me no choice but to pursue all available legal remedies to protect the rights of Mecklenburg County consumers. This may include filing complaints with relevant authorities and pursuing legal action. I strongly urge your organization to take this matter seriously and address these concerns promptly. Mecklenburg County consumers deserve the fair treatment and accurate information they are entitled to under the law. Please acknowledge receipt of this letter and provide written assurance that the necessary steps will be taken to rectify this situation. Your cooperation in this matter is greatly appreciated. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [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.
