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 Company] [Address] [City, State, ZIP] Subject: False or Misleading Misrepresentations in Collection Activities — False Acceptance of Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your attention some concerning matters related to the debt collection activities carried out by your company regarding the debt allegedly owed by myself [or named debtor] to [Original Creditor's Name]. It has come to my attention that your company has been engaging in false or misleading misrepresentations during the collection process. Firstly, I would like to address the issue of using false representations or deceptive means to collect a debt. I have recently become aware of evidence suggesting that your company has been utilizing such tactics in order to coerce payment. These tactics may include but are not limited to misrepresenting the consequences of non-payment, falsely claiming legal actions will be taken, or making unauthorized threats to damage my credit history. Such practices are strictly prohibited under the Fair Debt Collection Practices Act (FD CPA) and are subject to legal consequences. Furthermore, I want to specifically highlight the issue of your debt collectors asserting that they cannot accept partial payments when they indeed can. It has come to my attention that your company has been falsely representing the nature of payment arrangements available to debtors. This misrepresentation may include verbal or written statements indicating that partial payments cannot be accepted, leading debtors to believe that full payment is their only option. According to my knowledge about the FD CPA, debt collectors are obligated to accept partial payments as long as they are reasonable and offered in good faith. I kindly request that you immediately rectify these false or misleading misrepresentations in your collection activities. It is imperative that any future communication with me regarding the alleged debt accurately reflects the legal rights and options available to me as a debtor. I fully expect your company to adhere to the guidelines set forth by the FD CPA and to conduct your debt collection practices in a fair and lawful manner. I must also inform you that I have retained records of all communication, including audio recordings and copies of written correspondence, regarding this debt and the collection activities. Furthermore, I hope that it will not be necessary, but I will not hesitate to use this evidence to protect my rights if further misleading or false representation occurs. Lastly, I hereby request that you provide me with written acknowledgment of the receipt of this letter within 15 days from the date of receiving it. Failure to respond or rectify the situation may result in legal action being pursued against your company. Thank you for your immediate attention to these matters. I trust that you will take the necessary steps to ensure compliance with the FD CPA and avoid further misleading or false collection practices. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Company] [Address] [City, State, ZIP] Subject: False or Misleading Misrepresentations in Collection Activities — False Acceptance of Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your attention some concerning matters related to the debt collection activities carried out by your company regarding the debt allegedly owed by myself [or named debtor] to [Original Creditor's Name]. It has come to my attention that your company has been engaging in false or misleading misrepresentations during the collection process. Firstly, I would like to address the issue of using false representations or deceptive means to collect a debt. I have recently become aware of evidence suggesting that your company has been utilizing such tactics in order to coerce payment. These tactics may include but are not limited to misrepresenting the consequences of non-payment, falsely claiming legal actions will be taken, or making unauthorized threats to damage my credit history. Such practices are strictly prohibited under the Fair Debt Collection Practices Act (FD CPA) and are subject to legal consequences. Furthermore, I want to specifically highlight the issue of your debt collectors asserting that they cannot accept partial payments when they indeed can. It has come to my attention that your company has been falsely representing the nature of payment arrangements available to debtors. This misrepresentation may include verbal or written statements indicating that partial payments cannot be accepted, leading debtors to believe that full payment is their only option. According to my knowledge about the FD CPA, debt collectors are obligated to accept partial payments as long as they are reasonable and offered in good faith. I kindly request that you immediately rectify these false or misleading misrepresentations in your collection activities. It is imperative that any future communication with me regarding the alleged debt accurately reflects the legal rights and options available to me as a debtor. I fully expect your company to adhere to the guidelines set forth by the FD CPA and to conduct your debt collection practices in a fair and lawful manner. I must also inform you that I have retained records of all communication, including audio recordings and copies of written correspondence, regarding this debt and the collection activities. Furthermore, I hope that it will not be necessary, but I will not hesitate to use this evidence to protect my rights if further misleading or false representation occurs. Lastly, I hereby request that you provide me with written acknowledgment of the receipt of this letter within 15 days from the date of receiving it. Failure to respond or rectify the situation may result in legal action being pursued against your company. Thank you for your immediate attention to these matters. I trust that you will take the necessary steps to ensure compliance with the FD CPA and avoid further misleading or false collection practices. 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.
