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: Middlesex Massachusetts — Cease Misleading Collection Activities Dear [Debt Collector's Name], I am writing to bring to your attention a matter of utmost concern regarding your recent collection activities related to an alleged debt assigned to your company. It has come to my attention that your communication with me has been characterized by false or misleading misrepresentations, particularly concerning the legal consequences of my actions. Firstly, I would like to address the issue of misleading consumers as to the legal consequences of their actions. It has come to my attention that your agency has been falsely implying that a failure to respond to your collection efforts is an admission of liability. This tactic is not only deceptive but manipulative, as it coerces consumers into taking actions based on misinformation. As a resident of Middlesex, Massachusetts, I am well aware of my consumer rights protected under both federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Massachusetts Fair Debt Collection Practices Act (MD CPA). It is my duty to inform you that such misleading tactics are in direct violation of these statutes, thereby exposing your agency to potential legal consequences. Furthermore, I would like to emphasize the importance of accuracy and transparency in your communication. It is crucial that any information provided to me, whether through phone calls or written correspondence, is factual and not misleading. I expect comprehensive details regarding the alleged debt, including its origin, amount, and any supporting documentation. If your agency continues to engage in such false or misleading misrepresentations, I will not hesitate to take necessary legal action to protect my rights. In light of the aforementioned concerns, I kindly request that your agency ceases all misleading collection activities immediately. Failure to comply with this request may result in a formal complaint filed with appropriate regulatory entities and legal action undertaken to safeguard my rights. Please confirm in writing that you have received this letter and have taken the necessary steps to ensure compliance with the aforementioned requests within [insert a reasonable timeline, e.g., 15 business days] from the date of this letter. I trust that you will take this matter seriously and work towards rectifying your practices. Should you have any questions or require further clarification, please do not hesitate to contact me using the information provided below. Thank you for your prompt attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Middlesex Massachusetts — Cease Misleading Collection Activities Dear [Debt Collector's Name], I am writing to bring to your attention a matter of utmost concern regarding your recent collection activities related to an alleged debt assigned to your company. It has come to my attention that your communication with me has been characterized by false or misleading misrepresentations, particularly concerning the legal consequences of my actions. Firstly, I would like to address the issue of misleading consumers as to the legal consequences of their actions. It has come to my attention that your agency has been falsely implying that a failure to respond to your collection efforts is an admission of liability. This tactic is not only deceptive but manipulative, as it coerces consumers into taking actions based on misinformation. As a resident of Middlesex, Massachusetts, I am well aware of my consumer rights protected under both federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Massachusetts Fair Debt Collection Practices Act (MD CPA). It is my duty to inform you that such misleading tactics are in direct violation of these statutes, thereby exposing your agency to potential legal consequences. Furthermore, I would like to emphasize the importance of accuracy and transparency in your communication. It is crucial that any information provided to me, whether through phone calls or written correspondence, is factual and not misleading. I expect comprehensive details regarding the alleged debt, including its origin, amount, and any supporting documentation. If your agency continues to engage in such false or misleading misrepresentations, I will not hesitate to take necessary legal action to protect my rights. In light of the aforementioned concerns, I kindly request that your agency ceases all misleading collection activities immediately. Failure to comply with this request may result in a formal complaint filed with appropriate regulatory entities and legal action undertaken to safeguard my rights. Please confirm in writing that you have received this letter and have taken the necessary steps to ensure compliance with the aforementioned requests within [insert a reasonable timeline, e.g., 15 business days] from the date of this letter. I trust that you will take this matter seriously and work towards rectifying your practices. Should you have any questions or require further clarification, please do not hesitate to contact me using the information provided below. Thank you for your prompt 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.