Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:
"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector . . . ."
Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector is a legal document that aims to address and rectify deceptive practices by debt collectors. It serves as a crucial tool for debtors in Houston, Texas, who have received communication from debt collectors containing false or misleading information. Debt collectors have a legal obligation to clearly disclose their identity, including that they are a debt collector, when initially contacting the debtor. However, in instances where the debt collector's first communication was a deceptive letter requesting information about an alleged debt without explicitly revealing their role as a debt collector, debtors have the right to issue a second notice to rectify the violation. The purpose of the Houston Texas Second Notice is to demand compliance from the debt collector and ensure transparency in their communication. By sending this notice, debtors hold debt collectors accountable for their actions and seek to protect their rights under the Fair Debt Collection Practices Act (FD CPA). Key elements that should be included in the Houston Texas Second Notice are: 1. Identification of the debtor: Clearly state the name, address, and contact information of the debtor, to ensure accurate identification and communication. 2. Description of initial misleading communication: Provide a detailed account of the initial letter received from the debt collector, highlighting the false or misleading information contained within it. Specify the date of receipt and any relevant documentation. 3. Failure to disclose as a debt collector: Emphasize that the debt collector failed to disclose their identity as a debt collector in the initial communication, violating the FD CPA. 4. Explanation of debtor's rights: Remind the debt collector of the debtor's rights under the FD CPA, including the right to accurate and transparent communication. 5. Demand for compliance: Explicitly demand that the debt collector cease all misleading or false representation in subsequent communication and any further violation of the FD CPA. Insist on full disclosure as a debt collector in all future correspondence. 6. Consequences of non-compliance: Highlight that failure to comply with the demands outlined in the notice may result in legal action pursued by the debtor, including potential damages, injunctions, and attorney fees incurred. Variations of the Houston Texas Second Notice may include specific circumstances or additional violations addressed. For example: — Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector, with Threat of Legal Action: This variation emphasizes the debtor's intent to pursue legal action if the debt collector fails to comply with the FD CPA and continues deceptive practices. — Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector, with Request for Validation of Debt: This variation includes a specific request for the debt collector to provide validation of the alleged debt, in accordance with the FD CPA. Remember, the specifics of the Houston Texas Second Notice may vary based on individual circumstances, and it is always recommended consulting with a legal professional for personalized advice.Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector is a legal document that aims to address and rectify deceptive practices by debt collectors. It serves as a crucial tool for debtors in Houston, Texas, who have received communication from debt collectors containing false or misleading information. Debt collectors have a legal obligation to clearly disclose their identity, including that they are a debt collector, when initially contacting the debtor. However, in instances where the debt collector's first communication was a deceptive letter requesting information about an alleged debt without explicitly revealing their role as a debt collector, debtors have the right to issue a second notice to rectify the violation. The purpose of the Houston Texas Second Notice is to demand compliance from the debt collector and ensure transparency in their communication. By sending this notice, debtors hold debt collectors accountable for their actions and seek to protect their rights under the Fair Debt Collection Practices Act (FD CPA). Key elements that should be included in the Houston Texas Second Notice are: 1. Identification of the debtor: Clearly state the name, address, and contact information of the debtor, to ensure accurate identification and communication. 2. Description of initial misleading communication: Provide a detailed account of the initial letter received from the debt collector, highlighting the false or misleading information contained within it. Specify the date of receipt and any relevant documentation. 3. Failure to disclose as a debt collector: Emphasize that the debt collector failed to disclose their identity as a debt collector in the initial communication, violating the FD CPA. 4. Explanation of debtor's rights: Remind the debt collector of the debtor's rights under the FD CPA, including the right to accurate and transparent communication. 5. Demand for compliance: Explicitly demand that the debt collector cease all misleading or false representation in subsequent communication and any further violation of the FD CPA. Insist on full disclosure as a debt collector in all future correspondence. 6. Consequences of non-compliance: Highlight that failure to comply with the demands outlined in the notice may result in legal action pursued by the debtor, including potential damages, injunctions, and attorney fees incurred. Variations of the Houston Texas Second Notice may include specific circumstances or additional violations addressed. For example: — Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector, with Threat of Legal Action: This variation emphasizes the debtor's intent to pursue legal action if the debt collector fails to comply with the FD CPA and continues deceptive practices. — Houston Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector, with Request for Validation of Debt: This variation includes a specific request for the debt collector to provide validation of the alleged debt, in accordance with the FD CPA. Remember, the specifics of the Houston Texas Second Notice may vary based on individual circumstances, and it is always recommended consulting with a legal professional for personalized advice.
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.
