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).
Travis Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to address a matter of concern regarding the collection activities conducted by your agency and the false or misleading information being provided to consumers, specifically in relation to the legal consequences of their actions. It has come to my attention that your agency has been engaging in the unethical practice of falsely implying that a failure to respond to debt collection notices is an admission of liability. First and foremost, I would like to bring to your attention that this practice is not only misleading but also a violation of both federal and state laws, specifically the Fair Debt Collection Practices Act (FD CPA). The FD CPA explicitly prohibits debt collectors from engaging in any false, deceptive, or misleading representations in connection with the collection of any debt. By misleading consumers into believing that their failure to respond to your notices constitutes an admission of liability, your agency is clearly in violation of the FD CPA. This misrepresentation not only undermines the consumer's rights but also creates an environment of fear, pressure, and misinformation, which is both unfair and unethical. It is important for your agency to understand that a failure to respond to a debt collection notice does not automatically imply guilt or admission of liability. Consumers have the right to dispute the validity of the debt, seek validation, or request additional information regarding the alleged debt. By falsely implying otherwise, your agency is intimidating and coercing consumers into settling or paying a debt they may not rightfully owe. Furthermore, I would like to remind your agency that consumers also have the right to request written verification of the debt within 30 days of receiving a collection notice, as provided by the FD CPA. This verification should include information about the original creditor, the amount owed, and any other relevant details. Misleading consumers into believing that their failure to respond would waive these rights is a grave violation of their legal protections, and it should cease immediately. I expect your agency to rectify this matter promptly and cease any further false or misleading misrepresentations in your collection activities. Failure to comply with the law and address these concerns may result in appropriate legal action being taken against your agency. Please confirm in writing within [reasonable timeframe] that you have taken appropriate steps to rectify this matter and will discontinue these misleading practices. Failure to do so will leave me with no option but to consider taking legal action. Thank you for your attention to this matter, and I trust that you will address these concerns promptly and responsibly. Sincerely, [Your Name] [Your Contact Information]Travis Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to address a matter of concern regarding the collection activities conducted by your agency and the false or misleading information being provided to consumers, specifically in relation to the legal consequences of their actions. It has come to my attention that your agency has been engaging in the unethical practice of falsely implying that a failure to respond to debt collection notices is an admission of liability. First and foremost, I would like to bring to your attention that this practice is not only misleading but also a violation of both federal and state laws, specifically the Fair Debt Collection Practices Act (FD CPA). The FD CPA explicitly prohibits debt collectors from engaging in any false, deceptive, or misleading representations in connection with the collection of any debt. By misleading consumers into believing that their failure to respond to your notices constitutes an admission of liability, your agency is clearly in violation of the FD CPA. This misrepresentation not only undermines the consumer's rights but also creates an environment of fear, pressure, and misinformation, which is both unfair and unethical. It is important for your agency to understand that a failure to respond to a debt collection notice does not automatically imply guilt or admission of liability. Consumers have the right to dispute the validity of the debt, seek validation, or request additional information regarding the alleged debt. By falsely implying otherwise, your agency is intimidating and coercing consumers into settling or paying a debt they may not rightfully owe. Furthermore, I would like to remind your agency that consumers also have the right to request written verification of the debt within 30 days of receiving a collection notice, as provided by the FD CPA. This verification should include information about the original creditor, the amount owed, and any other relevant details. Misleading consumers into believing that their failure to respond would waive these rights is a grave violation of their legal protections, and it should cease immediately. I expect your agency to rectify this matter promptly and cease any further false or misleading misrepresentations in your collection activities. Failure to comply with the law and address these concerns may result in appropriate legal action being taken against your agency. Please confirm in writing within [reasonable timeframe] that you have taken appropriate steps to rectify this matter and will discontinue these misleading practices. Failure to do so will leave me with no option but to consider taking legal action. Thank you for your attention to this matter, and I trust that you will address these concerns promptly and responsibly. Sincerely, [Your Name] [Your Contact Information]
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.
