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.
Cuyahoga Ohio Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Falsely Stating that the Entire Amount of a Consumer's Debt is Due When it is Not Subject: Documenting False or Misleading Collection Practices by Debt Collector Dear [Debt Collector's Name], I am writing this letter to bring to your attention a concerning issue regarding your collection activities related to my outstanding debt. After thorough research and reviewing my financial records, I have discovered instances where you have engaged in false representation or deceptive means to collect a debt. Specifically, I am addressing the deceptive practice of falsely stating that the entire amount of my debt is due when it is, in fact, not the case. It is essential that you rectify this misleading representation to ensure compliance with the Fair Debt Collection Practices Act (FD CPA) and protect my rights as a consumer. This letter aims to establish a clear record of my dissatisfaction and provide you with an opportunity to rectify the error promptly. In accordance with the FD CPA, Section 807(10), debt collectors are prohibited from using false representation or deceptive means to collect a debt. By misrepresenting the amount of debt owed, you are behaving in direct violation of this provision. This is a serious matter that should not be taken lightly. I demand that you immediately cease all misleading collection practices and provide an accurate breakdown of the true amount owed. It is imperative that I be provided with explicit details regarding the outstanding balance, including any interest charges or other fees that may have been added. Failure to do so will be considered a continued violation of the FD CPA, and I will have no choice but to escalate this matter further. I would also like to remind you that, according to the FD CPA, failing to validate the debt upon my request will result in a violation of Section 809(b). Therefore, I kindly request that you furnish me with validation of the debt within 30 days of receiving this letter. This validation should comprise all relevant documentation, such as the original creditor's information, a copy of the agreement, and evidence of any transactions or payments made on the account. Please be aware that I will be documenting all communication, both written and oral, regarding this matter. In case legal action becomes necessary, I want to be well-prepared to defend my rights as a consumer. Therefore, it is crucial that your future correspondence addresses this issue appropriately and ethically. I trust that you will promptly investigate this matter and rectify the misrepresentations made regarding my debt. Failure to correct this issue will only exacerbate the situation and force me to pursue legal recourse. I have no desire for this to happen, so I implore you to take the necessary steps to ensure compliance with the FD CPA. I look forward to receiving your prompt response and a resolution to this matter. Please feel free to contact me at [Your Phone Number] or [Your Email Address] should you have any further questions or require additional information from my end. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Date]Cuyahoga Ohio Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Falsely Stating that the Entire Amount of a Consumer's Debt is Due When it is Not Subject: Documenting False or Misleading Collection Practices by Debt Collector Dear [Debt Collector's Name], I am writing this letter to bring to your attention a concerning issue regarding your collection activities related to my outstanding debt. After thorough research and reviewing my financial records, I have discovered instances where you have engaged in false representation or deceptive means to collect a debt. Specifically, I am addressing the deceptive practice of falsely stating that the entire amount of my debt is due when it is, in fact, not the case. It is essential that you rectify this misleading representation to ensure compliance with the Fair Debt Collection Practices Act (FD CPA) and protect my rights as a consumer. This letter aims to establish a clear record of my dissatisfaction and provide you with an opportunity to rectify the error promptly. In accordance with the FD CPA, Section 807(10), debt collectors are prohibited from using false representation or deceptive means to collect a debt. By misrepresenting the amount of debt owed, you are behaving in direct violation of this provision. This is a serious matter that should not be taken lightly. I demand that you immediately cease all misleading collection practices and provide an accurate breakdown of the true amount owed. It is imperative that I be provided with explicit details regarding the outstanding balance, including any interest charges or other fees that may have been added. Failure to do so will be considered a continued violation of the FD CPA, and I will have no choice but to escalate this matter further. I would also like to remind you that, according to the FD CPA, failing to validate the debt upon my request will result in a violation of Section 809(b). Therefore, I kindly request that you furnish me with validation of the debt within 30 days of receiving this letter. This validation should comprise all relevant documentation, such as the original creditor's information, a copy of the agreement, and evidence of any transactions or payments made on the account. Please be aware that I will be documenting all communication, both written and oral, regarding this matter. In case legal action becomes necessary, I want to be well-prepared to defend my rights as a consumer. Therefore, it is crucial that your future correspondence addresses this issue appropriately and ethically. I trust that you will promptly investigate this matter and rectify the misrepresentations made regarding my debt. Failure to correct this issue will only exacerbate the situation and force me to pursue legal recourse. I have no desire for this to happen, so I implore you to take the necessary steps to ensure compliance with the FD CPA. I look forward to receiving your prompt response and a resolution to this matter. Please feel free to contact me at [Your Phone Number] or [Your Email Address] should you have any further questions or require additional information from my end. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Date]
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.
