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).
[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, Zip] Subject: Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a matter of concern regarding recent collection activities conducted by [Debt Collection Agency's Name]. It has come to my attention that there have been false or misleading misrepresentations made during the collection process, specifically in regard to the legal consequences of my actions. This letter serves as a formal complaint and a request for corrective measures to be taken. As an informed consumer, I am fully aware of my rights under the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from engaging in deceptive, unfair, or abusive practices. It is regrettable to note that your agency has violated this act by falsely implying that my failure to respond constitutes an admission of liability. Such misleading statements can cause undue duress and incorrect assumptions about my legal obligations. I believe it is imperative to clarify the legal consequences of not responding to a debt collection notice. Failure to respond does not automatically imply an admission of guilt or liability. Instead, it is my right as a consumer to make an informed and educated decision regarding the debt in question. I trust that as a reputable debt collection agency, you will take the necessary steps to rectify this misleading representation immediately. Furthermore, I would like to draw your attention to the potential legal implications of your actions. Misleading consumers regarding their legal obligations can pave the way for legal remedies available under the FD CPA, and such violations carry potential penalties, damages, and attorney fees. As a responsible consumer, I am committed to enforcing my rights to ensure fair and accurate debt collection practices. In light of the above concerns, I kindly request that your agency investigates this matter thoroughly and takes immediate corrective action. I insist that all future communications adhere strictly to the regulations set forth by the FD CPA. This includes refraining from making any false or misleading statements, especially those regarding the legal consequences of my actions. I expect to receive a written response within 30 days of your receipt of this letter, acknowledging the violation and stating the steps taken to address the issue. Failure to comply with this request may compel me to take further legal action to protect my rights. I trust that it will not come to that and that we can resolve this matter amicably. Thank you for your prompt attention to this serious matter. I believe that by rectifying these misleading practices, we can foster a fair and transparent debt collection process that benefits both parties involved. Sincerely, [Your Name][Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, Zip] Subject: Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a matter of concern regarding recent collection activities conducted by [Debt Collection Agency's Name]. It has come to my attention that there have been false or misleading misrepresentations made during the collection process, specifically in regard to the legal consequences of my actions. This letter serves as a formal complaint and a request for corrective measures to be taken. As an informed consumer, I am fully aware of my rights under the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from engaging in deceptive, unfair, or abusive practices. It is regrettable to note that your agency has violated this act by falsely implying that my failure to respond constitutes an admission of liability. Such misleading statements can cause undue duress and incorrect assumptions about my legal obligations. I believe it is imperative to clarify the legal consequences of not responding to a debt collection notice. Failure to respond does not automatically imply an admission of guilt or liability. Instead, it is my right as a consumer to make an informed and educated decision regarding the debt in question. I trust that as a reputable debt collection agency, you will take the necessary steps to rectify this misleading representation immediately. Furthermore, I would like to draw your attention to the potential legal implications of your actions. Misleading consumers regarding their legal obligations can pave the way for legal remedies available under the FD CPA, and such violations carry potential penalties, damages, and attorney fees. As a responsible consumer, I am committed to enforcing my rights to ensure fair and accurate debt collection practices. In light of the above concerns, I kindly request that your agency investigates this matter thoroughly and takes immediate corrective action. I insist that all future communications adhere strictly to the regulations set forth by the FD CPA. This includes refraining from making any false or misleading statements, especially those regarding the legal consequences of my actions. I expect to receive a written response within 30 days of your receipt of this letter, acknowledging the violation and stating the steps taken to address the issue. Failure to comply with this request may compel me to take further legal action to protect my rights. I trust that it will not come to that and that we can resolve this matter amicably. Thank you for your prompt attention to this serious matter. I believe that by rectifying these misleading practices, we can foster a fair and transparent debt collection process that benefits both parties involved. Sincerely, [Your Name]
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.
