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.
Travis Texas 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 If you have encountered a debt collector who made false or misleading statements in an attempt to collect a debt from you, it is crucial to take action to protect your rights as a consumer. One powerful tool at your disposal is to send a detailed letter to the debt collector, informing them of their false or misleading misrepresentations in collection activities. If you are in Travis County, Texas, and have experienced such deceptive practices, here is an outline for a letter that you can customize to address your specific situation: 1. Heading: Begin your letter by stating your name, address, and contact information in the top left corner. In the top right corner, indicate the debt collector's name, their address, and the date. 2. Introductory paragraph: Politely address the debt collector by their full name and mention that you are writing in response to their recent collection activities related to your debt. State the date(s) of their communication and reference any previous correspondence or phone calls. 3. Statement of false or misleading representations: In this section, list the specific false or misleading statements made by the debt collector. Use clear and concise language to describe each misrepresentation, highlighting the inaccuracies or deceptive practices employed. Some relevant keywords to include might be: false amount due, misleading threats, deceptive payment demands, inaccurate debt validation process, misrepresentation of legal consequences, etc. 4. Supporting evidence: Provide any evidence or documentation that supports your claim of false or misleading representations. Attach copies of any letters, emails, or written communication received from the debt collector. If available, mention witnesses or any recordings of phone conversations that capture the debt collector's misleading statements. 5. Legal implications: Explain to the debt collector that their false or misleading misrepresentations violate both federal and state laws, such as the Fair Debt Collection Practices Act (FD CPA) and Texas state consumer protection laws. Mention the potential legal consequences they may face for their actions, including legal action and liability for damages. 6. Cease and desist request: Clearly state that you demand the debt collector to immediately cease and desist all further collection activities pertaining to your debt. Emphasize that any continued attempts to collect the debt based on false or misleading representations will be considered unlawful and will be reported to relevant authorities. 7. Final remarks: Politely conclude the letter by expressing your expectation of a prompt response from the debt collector addressing the concerns raised in your letter. Sign your name legibly and include any additional contact information if necessary. Remember to keep a copy of the letter for your records and send it via certified mail with a return receipt requested to ensure proof of delivery. If you receive a response, carefully review it for any admission of wrongdoing or attempts to rectify the situation. It is essential to consult with an attorney or a consumer protection agency in Travis County, Texas, for expert advice tailored to your specific situation. They can guide you through the process of addressing false or misleading misrepresentations from debt collectors and protect your rights as a consumer.Travis Texas 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 If you have encountered a debt collector who made false or misleading statements in an attempt to collect a debt from you, it is crucial to take action to protect your rights as a consumer. One powerful tool at your disposal is to send a detailed letter to the debt collector, informing them of their false or misleading misrepresentations in collection activities. If you are in Travis County, Texas, and have experienced such deceptive practices, here is an outline for a letter that you can customize to address your specific situation: 1. Heading: Begin your letter by stating your name, address, and contact information in the top left corner. In the top right corner, indicate the debt collector's name, their address, and the date. 2. Introductory paragraph: Politely address the debt collector by their full name and mention that you are writing in response to their recent collection activities related to your debt. State the date(s) of their communication and reference any previous correspondence or phone calls. 3. Statement of false or misleading representations: In this section, list the specific false or misleading statements made by the debt collector. Use clear and concise language to describe each misrepresentation, highlighting the inaccuracies or deceptive practices employed. Some relevant keywords to include might be: false amount due, misleading threats, deceptive payment demands, inaccurate debt validation process, misrepresentation of legal consequences, etc. 4. Supporting evidence: Provide any evidence or documentation that supports your claim of false or misleading representations. Attach copies of any letters, emails, or written communication received from the debt collector. If available, mention witnesses or any recordings of phone conversations that capture the debt collector's misleading statements. 5. Legal implications: Explain to the debt collector that their false or misleading misrepresentations violate both federal and state laws, such as the Fair Debt Collection Practices Act (FD CPA) and Texas state consumer protection laws. Mention the potential legal consequences they may face for their actions, including legal action and liability for damages. 6. Cease and desist request: Clearly state that you demand the debt collector to immediately cease and desist all further collection activities pertaining to your debt. Emphasize that any continued attempts to collect the debt based on false or misleading representations will be considered unlawful and will be reported to relevant authorities. 7. Final remarks: Politely conclude the letter by expressing your expectation of a prompt response from the debt collector addressing the concerns raised in your letter. Sign your name legibly and include any additional contact information if necessary. Remember to keep a copy of the letter for your records and send it via certified mail with a return receipt requested to ensure proof of delivery. If you receive a response, carefully review it for any admission of wrongdoing or attempts to rectify the situation. It is essential to consult with an attorney or a consumer protection agency in Travis County, Texas, for expert advice tailored to your specific situation. They can guide you through the process of addressing false or misleading misrepresentations from debt collectors and protect your rights as a consumer.
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.
