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.
Keywords: San Jose California, debt collector, false or misleading misrepresentations, collection activities, false representation, deceptive means, entire amount of debt, falsely stating, consumer's debt. Subject: Important Notice: Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading misrepresentations that have occurred during the collection activities regarding a debt that you claim I owe. It has come to my attention that your collection efforts have included false representation and deceptive means to collect a debt, specifically by falsely stating that the entire amount of my debt is due when it is not. As a resident of San Jose, California, I am aware that debt collection practices are regulated by both federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Rosenthal Fair Debt Collection Practices Act (RFD CPA), which are designed to protect consumers like myself from dishonest or abusive debt collection practices. Under the FD CPA and RFD CPA, debt collectors are prohibited from making false or misleading representations during the debt collection process. This includes falsely stating the amount of a consumer's debt, causing confusion or misunderstanding about the debt's total balance owed. It is my right as a consumer to be provided with accurate and truthful information regarding the amount I owe. Therefore, I demand that you immediately cease any further false or misleading misrepresentations regarding my debt. I request that you inform me, in writing, the correct and accurate amount that I owe. Please provide a detailed breakdown of the debt, including any applicable interest or fees, as well as any documentation or proof supporting your claim. In addition, I kindly request that you provide evidence of the communication where I allegedly agreed to the full amount of the debt. If such evidence does not exist, I urge you to rectify this misrepresentation promptly. Failure to comply with the regulations outlined in the FD CPA and RFD CPA, including the false representation of my debt, may result in legal action against your agency and reporting your violations to the appropriate regulatory authorities. I expect a prompt response within [insert a reasonable timeframe, such as 30 days] from the receipt of this letter. Failure to respond or address my concerns adequately will leave me no choice but to explore further actions to protect my rights. Please be advised that all future communications regarding this matter should be made in writing and sent to the address provided below. This will also serve as written documentation of our correspondence. Thank you for your immediate attention to this matter. I trust that you will rectify these false or misleading misrepresentations promptly and act in compliance with the applicable laws. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] cc: [insert name and address of regulatory authority, if desired]Keywords: San Jose California, debt collector, false or misleading misrepresentations, collection activities, false representation, deceptive means, entire amount of debt, falsely stating, consumer's debt. Subject: Important Notice: Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading misrepresentations that have occurred during the collection activities regarding a debt that you claim I owe. It has come to my attention that your collection efforts have included false representation and deceptive means to collect a debt, specifically by falsely stating that the entire amount of my debt is due when it is not. As a resident of San Jose, California, I am aware that debt collection practices are regulated by both federal and state laws, including the Fair Debt Collection Practices Act (FD CPA) and the Rosenthal Fair Debt Collection Practices Act (RFD CPA), which are designed to protect consumers like myself from dishonest or abusive debt collection practices. Under the FD CPA and RFD CPA, debt collectors are prohibited from making false or misleading representations during the debt collection process. This includes falsely stating the amount of a consumer's debt, causing confusion or misunderstanding about the debt's total balance owed. It is my right as a consumer to be provided with accurate and truthful information regarding the amount I owe. Therefore, I demand that you immediately cease any further false or misleading misrepresentations regarding my debt. I request that you inform me, in writing, the correct and accurate amount that I owe. Please provide a detailed breakdown of the debt, including any applicable interest or fees, as well as any documentation or proof supporting your claim. In addition, I kindly request that you provide evidence of the communication where I allegedly agreed to the full amount of the debt. If such evidence does not exist, I urge you to rectify this misrepresentation promptly. Failure to comply with the regulations outlined in the FD CPA and RFD CPA, including the false representation of my debt, may result in legal action against your agency and reporting your violations to the appropriate regulatory authorities. I expect a prompt response within [insert a reasonable timeframe, such as 30 days] from the receipt of this letter. Failure to respond or address my concerns adequately will leave me no choice but to explore further actions to protect my rights. Please be advised that all future communications regarding this matter should be made in writing and sent to the address provided below. This will also serve as written documentation of our correspondence. Thank you for your immediate attention to this matter. I trust that you will rectify these false or misleading misrepresentations promptly and act in compliance with the applicable laws. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] cc: [insert name and address of regulatory authority, if desired]
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.
