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.
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 [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Address] [City, State, Zip Code] Subject: False or Misleading Misrepresentations in Collection Activities Dear Sir/Madam, I am writing to bring to your attention the false or misleading misrepresentations made by your debt collection agency in relation to the collection activities concerning my alleged indebtedness. I believe that your agency has been using false representations or deceptive means to collect a debt, specifically involving falsely stating that the entire amount of my debt is due when it is not. I am fully aware of my rights as a consumer under the Fair Debt Collection Practices Act (FD CPA) and other relevant laws and regulations that protect me against abusive or unethical debt collection practices. Furthermore, I have carefully reviewed the communications I have received from your agency, and I have detected multiple instances where misleading and deceptive tactics have been employed. Firstly, on [date], I received a collection letter from your agency stating that the entire amount of my debt, which is $[amount], is due and payable within [timeframe]. However, upon reviewing my records and referring to the creditor's original agreement, I have determined that the stated amount is incorrect. As per the agreement, only $[correct amount] is currently due. This misleading misrepresentation not only violates the FD CPA statutes but also undermines the trust and transparent communication necessary between a debt collector and a consumer. As a result, I demand that you cease all collection activities until this matter can be resolved and corrected to comply with the law. I kindly request that you promptly investigate this matter and provide me with documented proof of the accurate amount owed. Furthermore, I ask that you furnish a clear breakdown of the debt and any associated fees or interest, if applicable. Failure to rectify this situation and cease all collection activities will leave me with no choice but to take legal action to protect my rights as a consumer. Please be aware that such actions may include filing complaints with the Federal Trade Commission and the [State] Attorney General's Office, as well as pursuing a civil lawsuit for violations of the FD CPA. I expect a response from your agency within [timeframe, typically 30 days] from the date of this letter. If I do not receive a satisfactory resolution within this time, I will proceed with the necessary legal steps. Please direct all future communications regarding this matter to the address provided above. I appreciate your prompt attention to this urgent issue and trust that you will take immediate action to rectify the false and misleading representation made by your agency. Sincerely, [Your Name]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 [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Address] [City, State, Zip Code] Subject: False or Misleading Misrepresentations in Collection Activities Dear Sir/Madam, I am writing to bring to your attention the false or misleading misrepresentations made by your debt collection agency in relation to the collection activities concerning my alleged indebtedness. I believe that your agency has been using false representations or deceptive means to collect a debt, specifically involving falsely stating that the entire amount of my debt is due when it is not. I am fully aware of my rights as a consumer under the Fair Debt Collection Practices Act (FD CPA) and other relevant laws and regulations that protect me against abusive or unethical debt collection practices. Furthermore, I have carefully reviewed the communications I have received from your agency, and I have detected multiple instances where misleading and deceptive tactics have been employed. Firstly, on [date], I received a collection letter from your agency stating that the entire amount of my debt, which is $[amount], is due and payable within [timeframe]. However, upon reviewing my records and referring to the creditor's original agreement, I have determined that the stated amount is incorrect. As per the agreement, only $[correct amount] is currently due. This misleading misrepresentation not only violates the FD CPA statutes but also undermines the trust and transparent communication necessary between a debt collector and a consumer. As a result, I demand that you cease all collection activities until this matter can be resolved and corrected to comply with the law. I kindly request that you promptly investigate this matter and provide me with documented proof of the accurate amount owed. Furthermore, I ask that you furnish a clear breakdown of the debt and any associated fees or interest, if applicable. Failure to rectify this situation and cease all collection activities will leave me with no choice but to take legal action to protect my rights as a consumer. Please be aware that such actions may include filing complaints with the Federal Trade Commission and the [State] Attorney General's Office, as well as pursuing a civil lawsuit for violations of the FD CPA. I expect a response from your agency within [timeframe, typically 30 days] from the date of this letter. If I do not receive a satisfactory resolution within this time, I will proceed with the necessary legal steps. Please direct all future communications regarding this matter to the address provided above. I appreciate your prompt attention to this urgent issue and trust that you will take immediate action to rectify the false and misleading representation made by your agency. 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.
