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 falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.
Title: Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt Introduction: In Houston, Texas, protecting consumers' rights from debt collection abuses is of utmost importance. This letter aims to inform debt collectors of false or misleading misrepresentations in their collection activities and highlights the illegal use of false representation or deceptive means in debt collection. Sample Content: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Regarding [Debt Account Information] Dear [Debt Collector's Name], I am writing to bring to your attention the false or misleading misrepresentations I have discovered in your collection activities concerning the alleged debt associated with my account [Account Number] or [Creditor's/Original Creditor's Name]. I recently received correspondence from your company regarding the debt mentioned above. To my dismay, I discovered several instances in which your collection activities violated the Fair Debt Collection Practices Act (FD CPA), specifically under Section 807 (Misleading Representations) and Section 808 (Unfair Practices). Your attempts to collect this debt appear to employ false representation or deceptive means, which is illegal and unacceptable. Please find below details of the false or misleading misrepresentations I have identified: 1. False Representation of Creditor Identity: Your correspondence failed to clearly state the current and accurate identity of the creditor to whom the debt is owed. This misrepresentation violates Section 807(5) of the FD CPA, which requires debt collectors to disclose the creditor's identity accurately. 2. Misleading Threats of Legal Action: Your collection letters contained threats of legal action that seemed deceptive and misleading. The suggestions of potential lawsuits without providing specific legal grounds for such action violate Section 807(10) of the FD CPA, prohibiting the use of false, deceptive, or misleading representations to coerce payment. 3. Unauthorized Disclosure of Debt Information: Your collection agents disclosed information regarding the alleged debt to unauthorized third parties. By doing so, you violated Section 807(3) of the FD CPA, which prohibits the disclosure of a consumer's debt information to anyone other than the consumer, the consumer's attorney, or the creditor. I would like to emphasize that such false representation and deceptive collection practices are illegal under the FD CPA and subject to penalties and legal action. I demand that you immediately cease all misleading activities and correct the misconduct described above. Furthermore, I request that you provide written confirmation within 15 days of receiving this letter, stating: 1. Acknowledgment of the violations and false or misleading activities identified. 2. Assurance that all collection activities associated with the alleged debt will be terminated. 3. Verification that you have notified all credit reporting agencies reporting the alleged debt to delete any negative information resulting from your misleading actions. 4. A written statement ensuring that no further communication will be conducted unless it is to provide legally required information or notify me of actions taken or the cessation of collection efforts. Failure to respond to this letter within the specified timeframe or to adhere to the demands stated may result in legal action being taken against you. I am confident that you will act promptly and responsibly to address these violations. Your cooperation in rectifying this matter is essential to avoid further legal escalation. I anticipate your immediate attention to this matter. Sincerely, [Your Name]Title: Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt Introduction: In Houston, Texas, protecting consumers' rights from debt collection abuses is of utmost importance. This letter aims to inform debt collectors of false or misleading misrepresentations in their collection activities and highlights the illegal use of false representation or deceptive means in debt collection. Sample Content: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Regarding [Debt Account Information] Dear [Debt Collector's Name], I am writing to bring to your attention the false or misleading misrepresentations I have discovered in your collection activities concerning the alleged debt associated with my account [Account Number] or [Creditor's/Original Creditor's Name]. I recently received correspondence from your company regarding the debt mentioned above. To my dismay, I discovered several instances in which your collection activities violated the Fair Debt Collection Practices Act (FD CPA), specifically under Section 807 (Misleading Representations) and Section 808 (Unfair Practices). Your attempts to collect this debt appear to employ false representation or deceptive means, which is illegal and unacceptable. Please find below details of the false or misleading misrepresentations I have identified: 1. False Representation of Creditor Identity: Your correspondence failed to clearly state the current and accurate identity of the creditor to whom the debt is owed. This misrepresentation violates Section 807(5) of the FD CPA, which requires debt collectors to disclose the creditor's identity accurately. 2. Misleading Threats of Legal Action: Your collection letters contained threats of legal action that seemed deceptive and misleading. The suggestions of potential lawsuits without providing specific legal grounds for such action violate Section 807(10) of the FD CPA, prohibiting the use of false, deceptive, or misleading representations to coerce payment. 3. Unauthorized Disclosure of Debt Information: Your collection agents disclosed information regarding the alleged debt to unauthorized third parties. By doing so, you violated Section 807(3) of the FD CPA, which prohibits the disclosure of a consumer's debt information to anyone other than the consumer, the consumer's attorney, or the creditor. I would like to emphasize that such false representation and deceptive collection practices are illegal under the FD CPA and subject to penalties and legal action. I demand that you immediately cease all misleading activities and correct the misconduct described above. Furthermore, I request that you provide written confirmation within 15 days of receiving this letter, stating: 1. Acknowledgment of the violations and false or misleading activities identified. 2. Assurance that all collection activities associated with the alleged debt will be terminated. 3. Verification that you have notified all credit reporting agencies reporting the alleged debt to delete any negative information resulting from your misleading actions. 4. A written statement ensuring that no further communication will be conducted unless it is to provide legally required information or notify me of actions taken or the cessation of collection efforts. Failure to respond to this letter within the specified timeframe or to adhere to the demands stated may result in legal action being taken against you. I am confident that you will act promptly and responsibly to address these violations. Your cooperation in rectifying this matter is essential to avoid further legal escalation. I anticipate your immediate attention to this matter. 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.
