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.
Dear [Debt Collector's Name], I am writing this letter to inform you of several false or misleading representations that have come to my attention regarding the collection activities related to the debt you are claiming I owe. It has recently come to my attention that you have engaged in the use of false representation or deceptive means to collect this debt, which is a violation of the Fair Debt Collection Practices Act (FD CPA). First and foremost, I want to emphasize that I am fully aware of my rights as a consumer and I will not tolerate any unjust tactics employed by debt collectors. It is essential that you understand that I take this matter seriously and will not hesitate to take appropriate legal action if necessary. Upon reviewing the communications and information provided by your agency, I have identified the following false or misleading representations: 1. False Identity: Your company has been operating under a name that suggests an association with a law enforcement agency or a government entity, which is misleading and can create confusion for consumers. 2. Misleading Statements: Your representatives have made assertions that imply legal consequences, such as threats of arrest or criminal charges, if I do not immediately satisfy the alleged debt. These false threats violate the FD CPA and are designed to coerce payment through fear. 3. Misrepresentation of Debt Amount: I have reason to believe that the amount you claim I owe is inaccurately calculated or does not correspond to any valid debt agreement. It is essential that you provide me with a detailed breakdown of the amount owed, including the original debt, interest, and any additional fees. 4. Communication with Third Parties: Your debt collection activities have involved disclosing information about my debt to third parties, including my friends, family, and colleagues. This is a blatant violation of my privacy rights and can result in significant harm to my personal and professional relationships. I demand that you immediately cease all collection activities for this debt until these false or misleading representations are rectified. Failure to comply may result in legal action being taken against your agency for violations under the FD CPA. I also request that you provide written confirmation within 30 days of receiving this letter stating that you have ceased all collection activities and have investigated the aforementioned misrepresentations. Please be aware that all communication regarding this matter should be in writing and sent to the address listed below. Any further attempts to contact me via phone or other means will be considered a violation of the FD CPA. Should this matter proceed to litigation, I will seek to recover any damages incurred as a result of your false or misleading representations, as well as attorney fees and court costs. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code]Dear [Debt Collector's Name], I am writing this letter to inform you of several false or misleading representations that have come to my attention regarding the collection activities related to the debt you are claiming I owe. It has recently come to my attention that you have engaged in the use of false representation or deceptive means to collect this debt, which is a violation of the Fair Debt Collection Practices Act (FD CPA). First and foremost, I want to emphasize that I am fully aware of my rights as a consumer and I will not tolerate any unjust tactics employed by debt collectors. It is essential that you understand that I take this matter seriously and will not hesitate to take appropriate legal action if necessary. Upon reviewing the communications and information provided by your agency, I have identified the following false or misleading representations: 1. False Identity: Your company has been operating under a name that suggests an association with a law enforcement agency or a government entity, which is misleading and can create confusion for consumers. 2. Misleading Statements: Your representatives have made assertions that imply legal consequences, such as threats of arrest or criminal charges, if I do not immediately satisfy the alleged debt. These false threats violate the FD CPA and are designed to coerce payment through fear. 3. Misrepresentation of Debt Amount: I have reason to believe that the amount you claim I owe is inaccurately calculated or does not correspond to any valid debt agreement. It is essential that you provide me with a detailed breakdown of the amount owed, including the original debt, interest, and any additional fees. 4. Communication with Third Parties: Your debt collection activities have involved disclosing information about my debt to third parties, including my friends, family, and colleagues. This is a blatant violation of my privacy rights and can result in significant harm to my personal and professional relationships. I demand that you immediately cease all collection activities for this debt until these false or misleading representations are rectified. Failure to comply may result in legal action being taken against your agency for violations under the FD CPA. I also request that you provide written confirmation within 30 days of receiving this letter stating that you have ceased all collection activities and have investigated the aforementioned misrepresentations. Please be aware that all communication regarding this matter should be in writing and sent to the address listed below. Any further attempts to contact me via phone or other means will be considered a violation of the FD CPA. Should this matter proceed to litigation, I will seek to recover any damages incurred as a result of your false or misleading representations, as well as attorney fees and court costs. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code]
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.
