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 that the entire amount of a consumer's debt is due when it is not.
Subject: Informing Debt Collector of False or Misleading Collection Activities — Incorrect Statements Regarding Debt Amount in Allegheny, Pennsylvania Dear [Debt Collector's Name], I am writing to address concerns regarding your collection activities pertaining to the outstanding debt I allegedly owe. After careful review of the information you provided, I have discovered several false or misleading representations that require immediate attention and correction. 1. False Representation or Deceptive Means to Collect a Debt: It has come to my attention that your agency has been employing false representation or deceptive means in an attempt to collect the alleged debt. This could include misrepresenting the nature, amount, or legal status of the debt. Such tactics violate the Fair Debt Collection Practices Act (FD CPA) and are strictly prohibited. 2. Falsely Stating the Entire Amount of a Consumer's Debt is Due When it is Not: One particularly concerning aspect of your collection efforts is the repeated false statement that the entire amount of the debt I supposedly owe is due when, in fact, this is not the case. Please note that under the FD CPA, this misleading representation is unacceptable and places your agency in violation of federal law. As a consumer, I have the right to receive accurate and truthful information regarding any alleged debt. The tactics employed by your agency are not only unethical but also illegal. I demand that you cease and desist from engaging in these misleading activities immediately. I trust that you will take this matter seriously and promptly address these concerns. Failure to do so will leave me with no choice but to take appropriate legal action to protect my rights as a consumer. Please respond to this letter within [10-15 business days] with an explanation of the actions you will take to rectify this situation and prevent such violations from occurring in the future. In addition, I request that you provide me with detailed documentation of the alleged debt, including the original creditor and any relevant account information. It is my right to fully assess the validity and accuracy of the debt being claimed against me. Please consider this letter as a formal notice of my intent to report your violations to the appropriate regulatory authorities, such as the Consumer Financial Protection Bureau (CFPB) and the Allegheny, Pennsylvania Attorney General's Office, if necessary. Moreover, any continued collection activities without rectifying the aforementioned violations will be documented and may be used as evidence to support any legal actions in the future. I expect your immediate and comprehensive action regarding this matter. Your cooperation will be greatly appreciated. In the interest of accurate and fair debt collection practices, it is crucial that these violations are addressed promptly. Sincerely, [Your Full Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Informing Debt Collector of False or Misleading Collection Activities — Incorrect Statements Regarding Debt Amount in Allegheny, Pennsylvania Dear [Debt Collector's Name], I am writing to address concerns regarding your collection activities pertaining to the outstanding debt I allegedly owe. After careful review of the information you provided, I have discovered several false or misleading representations that require immediate attention and correction. 1. False Representation or Deceptive Means to Collect a Debt: It has come to my attention that your agency has been employing false representation or deceptive means in an attempt to collect the alleged debt. This could include misrepresenting the nature, amount, or legal status of the debt. Such tactics violate the Fair Debt Collection Practices Act (FD CPA) and are strictly prohibited. 2. Falsely Stating the Entire Amount of a Consumer's Debt is Due When it is Not: One particularly concerning aspect of your collection efforts is the repeated false statement that the entire amount of the debt I supposedly owe is due when, in fact, this is not the case. Please note that under the FD CPA, this misleading representation is unacceptable and places your agency in violation of federal law. As a consumer, I have the right to receive accurate and truthful information regarding any alleged debt. The tactics employed by your agency are not only unethical but also illegal. I demand that you cease and desist from engaging in these misleading activities immediately. I trust that you will take this matter seriously and promptly address these concerns. Failure to do so will leave me with no choice but to take appropriate legal action to protect my rights as a consumer. Please respond to this letter within [10-15 business days] with an explanation of the actions you will take to rectify this situation and prevent such violations from occurring in the future. In addition, I request that you provide me with detailed documentation of the alleged debt, including the original creditor and any relevant account information. It is my right to fully assess the validity and accuracy of the debt being claimed against me. Please consider this letter as a formal notice of my intent to report your violations to the appropriate regulatory authorities, such as the Consumer Financial Protection Bureau (CFPB) and the Allegheny, Pennsylvania Attorney General's Office, if necessary. Moreover, any continued collection activities without rectifying the aforementioned violations will be documented and may be used as evidence to support any legal actions in the future. I expect your immediate and comprehensive action regarding this matter. Your cooperation will be greatly appreciated. In the interest of accurate and fair debt collection practices, it is crucial that these violations are addressed promptly. Sincerely, [Your Full Name] [Your Address] [City, State, ZIP] [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.
