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 asserting that the debt collector cannot accept partial payments when they have been authorized.
Bexar Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Asserting that the Debt Collector Cannot Accept Partial Payments When They Can Subject: Asserting False Information Regarding Partial Payments — Cease Misleading Collection Activities [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency] [Address] [City, State, ZIP] Dear [Debt Collector's Name], I am writing to notify you of the false or misleading misrepresentations that have been made by your agency during the collection activities relating to the above-mentioned debt. Specifically, I have reason to believe that you have provided inaccurate information regarding your ability to accept partial payments, misleading me, and potentially violating my rights as a debtor. It has come to my attention that your representatives have consistently asserted that your agency is unable to accept partial payments towards the aforementioned debt. However, after conducting my own research and consulting with legal professionals, it has become apparent that this information is not accurate. Under federal and state law, debt collectors are permitted to accept partial payments unless otherwise prohibited by specific agreements or arrangements. As a consumer, I strongly believe that debt collection practices should be conducted in adherence to the Fair Debt Collection Practices Act (FD CPA) and any applicable state regulations. By asserting false information regarding your acceptance of partial payments, your agency is potentially engaging in deceptive means to collect the debt, which is a violation of the FD CPA. I hereby request that you immediately cease any further dissemination of false or misleading information and correct any records where such misrepresented statements have been documented. Additionally, please ensure that all representatives of your agency are adequately trained and educated on the accurate and legal practices of debt collection. Should your agency fail to rectify these misleading practices, it may be necessary for me to take appropriate legal action to protect my rights as a consumer. I trust that you will approach this matter with the utmost seriousness and rectify the situation promptly. I kindly request written confirmation of the steps you have taken to address this issue within 30 days from the receipt of this letter. Failure to comply may result in further legal action. Please be aware that I am keeping thorough records of all communication relating to this matter, including copies of this letter, for potential use in future legal proceedings if necessary. Thank you for your immediate attention to this matter. I expect a prompt and favorable response from your agency. Sincerely, [Your Name]Bexar Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Asserting that the Debt Collector Cannot Accept Partial Payments When They Can Subject: Asserting False Information Regarding Partial Payments — Cease Misleading Collection Activities [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency] [Address] [City, State, ZIP] Dear [Debt Collector's Name], I am writing to notify you of the false or misleading misrepresentations that have been made by your agency during the collection activities relating to the above-mentioned debt. Specifically, I have reason to believe that you have provided inaccurate information regarding your ability to accept partial payments, misleading me, and potentially violating my rights as a debtor. It has come to my attention that your representatives have consistently asserted that your agency is unable to accept partial payments towards the aforementioned debt. However, after conducting my own research and consulting with legal professionals, it has become apparent that this information is not accurate. Under federal and state law, debt collectors are permitted to accept partial payments unless otherwise prohibited by specific agreements or arrangements. As a consumer, I strongly believe that debt collection practices should be conducted in adherence to the Fair Debt Collection Practices Act (FD CPA) and any applicable state regulations. By asserting false information regarding your acceptance of partial payments, your agency is potentially engaging in deceptive means to collect the debt, which is a violation of the FD CPA. I hereby request that you immediately cease any further dissemination of false or misleading information and correct any records where such misrepresented statements have been documented. Additionally, please ensure that all representatives of your agency are adequately trained and educated on the accurate and legal practices of debt collection. Should your agency fail to rectify these misleading practices, it may be necessary for me to take appropriate legal action to protect my rights as a consumer. I trust that you will approach this matter with the utmost seriousness and rectify the situation promptly. I kindly request written confirmation of the steps you have taken to address this issue within 30 days from the receipt of this letter. Failure to comply may result in further legal action. Please be aware that I am keeping thorough records of all communication relating to this matter, including copies of this letter, for potential use in future legal proceedings if necessary. Thank you for your immediate attention to this matter. I expect a prompt and favorable response from 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.
