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: Alerting Debt Collector of False or Misleading Collection Practices in Oakland, Michigan [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, ZIP] Re: Formal Complaint — False or Misleading Collection Activities and Misrepresentation of Debt Amount Dear [Debt Collection Agency Name], I hope this letter finds you well. I am writing to bring to your attention some serious concerns regarding your collection activities concerning a debt allegedly owed by me. I have recently become aware of certain actions undertaken by your agency that appear to be intentionally misleading or falsely represent the amount of debt owed. Such practices are unacceptable and are a violation of consumer rights protected under the Fair Debt Collection Practices Act (FD CPA). Upon careful review of the communication I received from your agency, I observed several instances where you failed to provide accurate and transparent information regarding the debt in question. Specifically, I wish to address the following: 1. False Representation or Deceptive Means to Collect a Debt: It has come to my attention that your agency has engaged in deceptive practices while attempting to collect the alleged debt from me. [Provide specific details of the deceptive practices, such as misrepresenting my rights, impersonating a law enforcement agency, or issuing false threats.] 2. Falsely Stating that the Entire Amount of the Consumer's Debt is Due: Your agency has made erroneous statements claiming that the entire amount of the debt is immediately due, even though this is not the case. This action violates the FD CPA by misinforming and pressuring me into fulfilling the debt obligations immediately. [Include specific instances where this false claim was made.] I urge you to rectify these misleading and false representations and make immediate corrections to your collection practices. It is imperative that your agency adheres to the guidelines set forth by the FD CPA to protect the rights and interests of consumers. Failure to rectify these issues and provide written confirmation of your corrective actions within 30 days from the receipt of this letter will leave me with no choice but to lodge a formal complaint with the appropriate regulatory authorities and take legal action, if necessary. Furthermore, I demand that all communication regarding the alleged debt ceases immediately until the aforementioned concerns are addressed. Please take note that any further contact from your agency that does not comply with the FD CPA guidelines will also be considered a violation of my rights. I trust that you will treat this matter with the utmost urgency and rectify the aforementioned issues promptly. Your compliance with these requests will help avoid any unnecessary escalation and litigation. I look forward to receiving your written response within 30 days from the date of this letter. It is crucial that you provide a detailed explanation of the steps taken to resolve this matter and prevent similar occurrences in the future. Thank you for your immediate attention to this matter. Sincerely, [Your Name]Subject: Alerting Debt Collector of False or Misleading Collection Practices in Oakland, Michigan [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, ZIP] Re: Formal Complaint — False or Misleading Collection Activities and Misrepresentation of Debt Amount Dear [Debt Collection Agency Name], I hope this letter finds you well. I am writing to bring to your attention some serious concerns regarding your collection activities concerning a debt allegedly owed by me. I have recently become aware of certain actions undertaken by your agency that appear to be intentionally misleading or falsely represent the amount of debt owed. Such practices are unacceptable and are a violation of consumer rights protected under the Fair Debt Collection Practices Act (FD CPA). Upon careful review of the communication I received from your agency, I observed several instances where you failed to provide accurate and transparent information regarding the debt in question. Specifically, I wish to address the following: 1. False Representation or Deceptive Means to Collect a Debt: It has come to my attention that your agency has engaged in deceptive practices while attempting to collect the alleged debt from me. [Provide specific details of the deceptive practices, such as misrepresenting my rights, impersonating a law enforcement agency, or issuing false threats.] 2. Falsely Stating that the Entire Amount of the Consumer's Debt is Due: Your agency has made erroneous statements claiming that the entire amount of the debt is immediately due, even though this is not the case. This action violates the FD CPA by misinforming and pressuring me into fulfilling the debt obligations immediately. [Include specific instances where this false claim was made.] I urge you to rectify these misleading and false representations and make immediate corrections to your collection practices. It is imperative that your agency adheres to the guidelines set forth by the FD CPA to protect the rights and interests of consumers. Failure to rectify these issues and provide written confirmation of your corrective actions within 30 days from the receipt of this letter will leave me with no choice but to lodge a formal complaint with the appropriate regulatory authorities and take legal action, if necessary. Furthermore, I demand that all communication regarding the alleged debt ceases immediately until the aforementioned concerns are addressed. Please take note that any further contact from your agency that does not comply with the FD CPA guidelines will also be considered a violation of my rights. I trust that you will treat this matter with the utmost urgency and rectify the aforementioned issues promptly. Your compliance with these requests will help avoid any unnecessary escalation and litigation. I look forward to receiving your written response within 30 days from the date of this letter. It is crucial that you provide a detailed explanation of the steps taken to resolve this matter and prevent similar occurrences in the future. Thank you for 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.
