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 to your attention certain concerns regarding your collection activities concerning a debt associated with my account. I am a resident of Santa Clara, California, and I believe it is essential to address the false or misleading misrepresentations that have been made during this debt collection process. Firstly, I recently became aware that your agency has been using false representations or deceptive means in your attempts to collect the debt in question. This is a direct violation of the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA), which prohibit such tactics. It is important to highlight that as a resident of Santa Clara, California, I am aware of my rights under these laws. Furthermore, it has come to my attention that your agency has been asserting that you cannot accept partial payments towards the debt, despite the fact that you are legally able to do so. This assertion misleads and confuses individuals attempting to resolve their debts in good faith. Santa Clara, as a city with a diverse population, expects fair and accurate representation from debt collectors, adhering to both federal and state regulations. In light of these misrepresentations and deceptive practices, I urge you to immediately cease such actions and rectify any damages that may have occurred as a result. I also request that you provide me with a written response within [state a reasonable timeframe, typically 30 days] acknowledging the receipt of this letter, and confirming that you have ceased any false representation or deceptive practices in relation to my debt. Failure to address my concerns and correct these misleading practices will leave me with no choice but to take appropriate legal action to protect my rights as a consumer. I trust that you will handle this matter with the seriousness it deserves, ensuring compliance with all applicable laws and regulations. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] Keywords: Santa Clara California, debt collector, false representation, misleading misrepresentations, collection activities, deceptive means, Fair Debt Collection Practices Act (FD CPA), California Rosenthal Fair Debt Collection Practices Act (RFD CPA), violations, rights, partial payments.
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.
