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.
[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: Letter 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 representations made during your collection activities regarding the debt I supposedly owe. It has come to my attention that you have been utilizing deceptive means to collect the aforementioned debt, asserting that you cannot accept partial payments when, in fact, you can. This misleading tactic is unacceptable and in violation of the Fair Debt Collection Practices Act. I want to make it clear that I am aware of my rights as a debtor and the protections granted to me under the law. Therefore, I request that you immediately cease all misleading collection activities, refrain from making any further false representations, and rectify any damage caused by your deceptive practices. I have thoroughly reviewed my rights under the Fair Debt Collection Practices Act, and it is evident that your actions are in clear violation of the following provisions: 1. Section 807(10) — Using false representation or deceptive means to collect a debt. Under this section, it is explicitly stated that debt collectors are prohibited from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. By asserting that you cannot accept partial payments when you have the capability to do so, you are engaging in deceptive practices that mislead and confuse debtors. 2. Section 807(8) — Making false representations to induce payment. This provision prohibits debt collectors from using false representations or deceptive means to collect or attempt to collect any debt. By falsely asserting that you cannot accept partial payments, your intention is to create a sense of urgency or pressure to compel me to make a full payment. Such actions are deceitful and in direct violation of this provision. 3. Section 808(1) — False or misleading representation of the debt's character or amount. Under this section, debt collectors are prohibited from using any false representation or deceptive means to falsely represent the character, amount, or legal status of any debt. By intentionally misleading me into believing that you are unable to accept partial payments, you are inaccurately representing the true nature of the debt, which is deceptive and misleading. I demand that you take immediate action to correct these false or misleading representations and confirm in writing that you will discontinue these deceptive practices. Failure to comply with this request will leave me no choice but to pursue legal action and report your misleading behavior to the appropriate regulatory authorities. Please note that this letter does not serve as an acknowledgment of the debt or an admission of any liability, but rather as a formal complaint against your deceptive collection activities. I expect a prompt response within [30 days] from the date of this letter. If I do not receive a response within the specified timeframe or if you fail to comply with my requests, I will have no alternative but to pursue all available legal remedies to protect my rights and pursue any applicable damages. Your immediate attention to this matter is expected. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: Letter 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 representations made during your collection activities regarding the debt I supposedly owe. It has come to my attention that you have been utilizing deceptive means to collect the aforementioned debt, asserting that you cannot accept partial payments when, in fact, you can. This misleading tactic is unacceptable and in violation of the Fair Debt Collection Practices Act. I want to make it clear that I am aware of my rights as a debtor and the protections granted to me under the law. Therefore, I request that you immediately cease all misleading collection activities, refrain from making any further false representations, and rectify any damage caused by your deceptive practices. I have thoroughly reviewed my rights under the Fair Debt Collection Practices Act, and it is evident that your actions are in clear violation of the following provisions: 1. Section 807(10) — Using false representation or deceptive means to collect a debt. Under this section, it is explicitly stated that debt collectors are prohibited from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. By asserting that you cannot accept partial payments when you have the capability to do so, you are engaging in deceptive practices that mislead and confuse debtors. 2. Section 807(8) — Making false representations to induce payment. This provision prohibits debt collectors from using false representations or deceptive means to collect or attempt to collect any debt. By falsely asserting that you cannot accept partial payments, your intention is to create a sense of urgency or pressure to compel me to make a full payment. Such actions are deceitful and in direct violation of this provision. 3. Section 808(1) — False or misleading representation of the debt's character or amount. Under this section, debt collectors are prohibited from using any false representation or deceptive means to falsely represent the character, amount, or legal status of any debt. By intentionally misleading me into believing that you are unable to accept partial payments, you are inaccurately representing the true nature of the debt, which is deceptive and misleading. I demand that you take immediate action to correct these false or misleading representations and confirm in writing that you will discontinue these deceptive practices. Failure to comply with this request will leave me no choice but to pursue legal action and report your misleading behavior to the appropriate regulatory authorities. Please note that this letter does not serve as an acknowledgment of the debt or an admission of any liability, but rather as a formal complaint against your deceptive collection activities. I expect a prompt response within [30 days] from the date of this letter. If I do not receive a response within the specified timeframe or if you fail to comply with my requests, I will have no alternative but to pursue all available legal remedies to protect my rights and pursue any applicable damages. Your immediate attention to this matter is expected. 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.
