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.
Title: Miami-Dade Florida — 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 Introduction: In Miami-Dade County, Florida, individuals may find themselves in situations where they need to address false or misleading misrepresentations made by debt collectors during the collection process. This type of misconduct can occur when a debt collector asserts that they cannot accept partial payments, even though they are legally able to do so. This detailed letter serves as a formal complaint, highlighting the deceptive practices used by the debt collector and demanding appropriate action. [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP Code] Subject: Account No. [Insert Account Number] — Notice of False or Misleading Misrepresentations in Collection Activities Dear Sir/Madam [Debt Collector's Name], I am writing this formal letter to assert that your debt collection practices regarding my outstanding debt, referenced by Account No. [Insert Account Number], have been false and misleading. I have recently discovered that your representatives have been engaging in deceptive means while attempting to collect this debt, specifically by falsely asserting that you cannot accept partial payments. Such an act is in direct violation of the Fair Debt Collection Practices Act (FD CPA) implemented by the Federal Trade Commission (FTC). This letter aims to bring to your attention the following false representation and deceptive practices conducted during your debt collection activities: 1. False Representation: You have informed me that your agency is unable to accept partial payments towards the aforementioned debt, while in reality, you are legally allowed to accept such payments as per the FD CPA and Miami-Dade County regulations. 2. Deceptive Means: By asserting that you cannot accept partial payments, you purposely misled me into believing that I had no alternative options for resolving this debt. This deceptive practice has caused unnecessary stress and hardship on my end, impairing my ability to manage my financial obligations effectively. I demand that you take immediate action to rectify these false representations and cease engaging in any future deceptive collection practices. Failure to do so will result in the filing of a formal complaint with regulatory bodies such as the FTC and the Florida Attorney General's office. Furthermore, I insist on receiving written confirmation acknowledging the receipt of this complaint and your commitment to rectify the described misconduct within [insert a reasonable timeframe, e.g., 30 days] from the date of this letter. Alongside this written confirmation, please provide clear guidelines outlining the correct procedures that your agency will follow moving forward. Please be advised that any further communication from your agency regarding this debt should strictly adhere to the guidelines set forth by the FD CPA and other applicable laws and regulations. Any breach of these guidelines will be documented, and appropriate legal action will be pursued. I expect a prompt response and resolution to this matter, and I trust that you will handle this complaint with the utmost professionalism and integrity. Sincerely, [Your Name] Keywords: Miami-Dade, Florida, letter, debt collector, false or misleading misrepresentations, collection activities, false representation, deceptive means, debt collection, partial payments, Fair Debt Collection Practices Act, FD CPA, FTC, Miami-Dade County, complaint, regulatory bodies, Florida Attorney General's office, communication, legal action, professionalism, integrity.Title: Miami-Dade Florida — 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 Introduction: In Miami-Dade County, Florida, individuals may find themselves in situations where they need to address false or misleading misrepresentations made by debt collectors during the collection process. This type of misconduct can occur when a debt collector asserts that they cannot accept partial payments, even though they are legally able to do so. This detailed letter serves as a formal complaint, highlighting the deceptive practices used by the debt collector and demanding appropriate action. [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP Code] Subject: Account No. [Insert Account Number] — Notice of False or Misleading Misrepresentations in Collection Activities Dear Sir/Madam [Debt Collector's Name], I am writing this formal letter to assert that your debt collection practices regarding my outstanding debt, referenced by Account No. [Insert Account Number], have been false and misleading. I have recently discovered that your representatives have been engaging in deceptive means while attempting to collect this debt, specifically by falsely asserting that you cannot accept partial payments. Such an act is in direct violation of the Fair Debt Collection Practices Act (FD CPA) implemented by the Federal Trade Commission (FTC). This letter aims to bring to your attention the following false representation and deceptive practices conducted during your debt collection activities: 1. False Representation: You have informed me that your agency is unable to accept partial payments towards the aforementioned debt, while in reality, you are legally allowed to accept such payments as per the FD CPA and Miami-Dade County regulations. 2. Deceptive Means: By asserting that you cannot accept partial payments, you purposely misled me into believing that I had no alternative options for resolving this debt. This deceptive practice has caused unnecessary stress and hardship on my end, impairing my ability to manage my financial obligations effectively. I demand that you take immediate action to rectify these false representations and cease engaging in any future deceptive collection practices. Failure to do so will result in the filing of a formal complaint with regulatory bodies such as the FTC and the Florida Attorney General's office. Furthermore, I insist on receiving written confirmation acknowledging the receipt of this complaint and your commitment to rectify the described misconduct within [insert a reasonable timeframe, e.g., 30 days] from the date of this letter. Alongside this written confirmation, please provide clear guidelines outlining the correct procedures that your agency will follow moving forward. Please be advised that any further communication from your agency regarding this debt should strictly adhere to the guidelines set forth by the FD CPA and other applicable laws and regulations. Any breach of these guidelines will be documented, and appropriate legal action will be pursued. I expect a prompt response and resolution to this matter, and I trust that you will handle this complaint with the utmost professionalism and integrity. Sincerely, [Your Name] Keywords: Miami-Dade, Florida, letter, debt collector, false or misleading misrepresentations, collection activities, false representation, deceptive means, debt collection, partial payments, Fair Debt Collection Practices Act, FD CPA, FTC, Miami-Dade County, complaint, regulatory bodies, Florida Attorney General's office, communication, legal action, professionalism, integrity.
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.
