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.
Dear [Debt Collector's Name], I am writing to bring your attention to some false or misleading misrepresentations in your collection activities regarding a debt that you claim I owe. It has come to my attention that you have been using false representation or deceptive means to collect the debt, and more specifically, asserting that you cannot accept partial payments when in fact you can. Firstly, let me clarify that I am fully aware of my financial obligations, and I take them seriously. However, it is my right as a consumer to ensure that all collection activities are conducted in a fair and legal manner. It is concerning to me that you have not been transparent about the partial payment options available to me, as it is a common practice for debt collectors to allow debtors to make partial payments based on their financial abilities. Instead, you have been misleading me by asserting that you cannot accept partial payments, creating unnecessary anxiety and stress. This false representation violates the Fair Debt Collection Practices Act, which prohibits debt collectors from using deceptive means or making misleading statements in order to collect a debt. I kindly request that you immediately cease these false representations and correct any previous statements made which may have misled me. In addition, I expect full transparency regarding the partial payment options available to me, as well as clear and accurate information regarding any applicable fees or penalties associated with partial payments. Failure to comply with this request may result in legal action being taken against your agency for violations of the Fair Debt Collection Practices Act. I trust that you will take this matter seriously and take immediate action to rectify these misleading misrepresentations. Please acknowledge receipt of this letter within [number of days] days and provide me with a detailed response addressing the concerns raised. I expect a prompt resolution to this matter and constructive communication moving forward. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]Dear [Debt Collector's Name], I am writing to bring your attention to some false or misleading misrepresentations in your collection activities regarding a debt that you claim I owe. It has come to my attention that you have been using false representation or deceptive means to collect the debt, and more specifically, asserting that you cannot accept partial payments when in fact you can. Firstly, let me clarify that I am fully aware of my financial obligations, and I take them seriously. However, it is my right as a consumer to ensure that all collection activities are conducted in a fair and legal manner. It is concerning to me that you have not been transparent about the partial payment options available to me, as it is a common practice for debt collectors to allow debtors to make partial payments based on their financial abilities. Instead, you have been misleading me by asserting that you cannot accept partial payments, creating unnecessary anxiety and stress. This false representation violates the Fair Debt Collection Practices Act, which prohibits debt collectors from using deceptive means or making misleading statements in order to collect a debt. I kindly request that you immediately cease these false representations and correct any previous statements made which may have misled me. In addition, I expect full transparency regarding the partial payment options available to me, as well as clear and accurate information regarding any applicable fees or penalties associated with partial payments. Failure to comply with this request may result in legal action being taken against your agency for violations of the Fair Debt Collection Practices Act. I trust that you will take this matter seriously and take immediate action to rectify these misleading misrepresentations. Please acknowledge receipt of this letter within [number of days] days and provide me with a detailed response addressing the concerns raised. I expect a prompt resolution to this matter and constructive communication moving forward. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]
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.
