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] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Re: False or Misleading Misrepresentations in Collection Activities — Asserting that the Debt Collector Cannot Accept Partial Payments Dear [Debt Collector's Name], I am writing to bring to your attention several concerns regarding your collection activities related to my outstanding debt. I have recently become aware of false or misleading misrepresentations made by your agency, specifically in asserting that you cannot accept partial payments towards the debt, when it is evident that you have the capability to do so. I would like to emphasize that I am fully committed to resolving this outstanding debt in a timely manner. However, your counterproductive approach of insisting that partial payments are not an option has hindered my ability to make any progress towards clearing this debt. It is my understanding that debt collectors have the authority to accept partial payments, which enables debtors like myself to gradually reduce their financial obligations. Furthermore, I have taken the liberty of reviewing the Fair Debt Collection Practices Act (FD CPA), which explicitly prohibits debt collectors from using false representation or deceptive means to collect a debt. By falsely claiming that partial payments are not an option, I believe you are in violation of this federal law. I kindly request that you rectify this issue promptly by confirming in writing within [15 business days] the following: 1. Acknowledgment of my right to make partial payments towards the outstanding debt. 2. Confirmation of your willingness to accept partial payments as a means of gradually settling the debt. Failure to provide written confirmation of the above within the specified timeframe will lead me to believe that you have no genuine intention to comply with federal laws and resolve this matter in good faith. In such a case, I will have no choice but to pursue the necessary legal recourse available to protect my rights and address your deceptive tactics. I trust that you will treat this matter seriously and take immediate action to rectify the misrepresentations in your collection activities. I anticipate your prompt response and appreciate your cooperation in resolving this issue amicably. Yours 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.
