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.
Oakland Michigan Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt: Dear [Debt Collector's Name], I am writing this letter to bring to your attention false and misleading misrepresentations that have occurred during your collection activities pertaining to the debt allegedly owed by myself. It has come to my attention that you have been using false representation and deceptive means in your attempts to collect the debt, which is in direct violation of the Fair Debt Collection Practices Act (FD CPA). Firstly, I would like to point out that your communication with me has contained false or misleading information. [Provide specific instances where false or misleading information was given]. Such actions not only violate my rights as a consumer but also misrepresent the nature of the debt and my legal obligations. Furthermore, it has come to my attention that you have engaged in deceptive means to collect the debt. [Detail deceptive tactics that have been used, such as threats, harassment, or misrepresentation of legal consequences]. These tactics not only create an unfair and intimidating environment but are also explicitly prohibited under the FD CPA. I kindly request that you immediately cease all collection activities related to my debt until the appropriate investigation is conducted and this matter is resolved. I also urge you to rectify the false or misleading information that has been provided to me thus far. Failure to adhere to these requests will result in my pursuit of legal action against your agency for violation of the FD CPA. Please be aware that I am keeping a thorough record of all communication, including phone calls and correspondence, as evidence of your deceptive tactics. As such, I expect any future communications to comply strictly with the FD CPA guidelines. I trust that you will take immediate action to rectify this matter and ensure that your future collection activities are conducted lawfully and ethically. I look forward to receiving a written response from you acknowledging the receipt of this letter and providing assurance that the false or misleading misrepresentations will be corrected promptly. Thank you for your prompt attention to this serious matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Oakland Michigan Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt: Dear [Debt Collector's Name], I am writing this letter to bring to your attention false and misleading misrepresentations that have occurred during your collection activities pertaining to the debt allegedly owed by myself. It has come to my attention that you have been using false representation and deceptive means in your attempts to collect the debt, which is in direct violation of the Fair Debt Collection Practices Act (FD CPA). Firstly, I would like to point out that your communication with me has contained false or misleading information. [Provide specific instances where false or misleading information was given]. Such actions not only violate my rights as a consumer but also misrepresent the nature of the debt and my legal obligations. Furthermore, it has come to my attention that you have engaged in deceptive means to collect the debt. [Detail deceptive tactics that have been used, such as threats, harassment, or misrepresentation of legal consequences]. These tactics not only create an unfair and intimidating environment but are also explicitly prohibited under the FD CPA. I kindly request that you immediately cease all collection activities related to my debt until the appropriate investigation is conducted and this matter is resolved. I also urge you to rectify the false or misleading information that has been provided to me thus far. Failure to adhere to these requests will result in my pursuit of legal action against your agency for violation of the FD CPA. Please be aware that I am keeping a thorough record of all communication, including phone calls and correspondence, as evidence of your deceptive tactics. As such, I expect any future communications to comply strictly with the FD CPA guidelines. I trust that you will take immediate action to rectify this matter and ensure that your future collection activities are conducted lawfully and ethically. I look forward to receiving a written response from you acknowledging the receipt of this letter and providing assurance that the false or misleading misrepresentations will be corrected promptly. Thank you for your prompt attention to this serious matter. 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.
