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: "(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency . . . ."
Subject: Cease and Desist Notice — False or Misleading Misrepresentations by Debt Collector Implying Affiliation with Consumer Reporting Agency Dear [Debt Collector's Name], I am writing to inform you that your recent collection activities regarding the alleged debt owed by me have made false or misleading misrepresentations that give the impression that you operate or are employed by a Consumer Reporting Agency (CRA). This letter serves as a formal notice, as required by the Fair Debt Collection Practices Act (FD CPA), to request an immediate cessation of these misleading activities and to demand that you take the necessary steps to rectify this matter. First and foremost, I would like to clarify that I am fully aware of the pertinent laws and regulations surrounding debt collection practices, including the prohibitions outlined in the FD CPA. It has come to my attention that in your communication with me, you have been falsely representing or implying that your organization is affiliated with a CRA, which is a clear violation under the FD CPA. The FD CPA strictly prohibits debt collectors from misrepresenting their identity or falsely implying that they operate or are employed by a CRA. By employing deceptive tactics to create the impression of an official affiliation with a CRA, you are misleading and confusing consumers, such as myself, who have rights and protections under the law. It is imperative that you understand the gravity of your actions and the potential legal consequences associated with them. I insist that you immediately cease making any false or misleading misrepresentations that falsely imply an affiliation with a CRA. Additionally, I demand that you take the following actions: 1. Immediately cease all communication regarding this alleged debt unless you can provide clear and accurate information, including valid verification of the debt, in accordance with my rights under the FD CPA. 2. Within 15 days of receiving this letter, provide me with written confirmation that you have ceased all misrepresentations regarding affiliation with a CRA and that you will not resume such activities in the future. 3. Within the same timeframe, ensure that any negative information that may have been reported to any credit reporting agencies due to your previous misleading activities is removed and corrected. Failure to comply with the demands outlined above will leave me with no choice but to take immediate legal action to protect my rights and seek appropriate remedies available under federal and state laws. I anticipate your prompt attention to this matter and expect a written response within 15 days from the receipt of this letter. Any response received after this timeframe could jeopardize our willingness to resolve this matter amicably. Please be aware that I am documenting all communication and retaining copies of all correspondence related to this issue. Your cooperation in rectifying this matter will save both parties unnecessary time, expenses, and potential legal action. Thank you for your immediate attention to these matters. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Cease and Desist Notice — False or Misleading Misrepresentations by Debt Collector Implying Affiliation with Consumer Reporting Agency Dear [Debt Collector's Name], I am writing to inform you that your recent collection activities regarding the alleged debt owed by me have made false or misleading misrepresentations that give the impression that you operate or are employed by a Consumer Reporting Agency (CRA). This letter serves as a formal notice, as required by the Fair Debt Collection Practices Act (FD CPA), to request an immediate cessation of these misleading activities and to demand that you take the necessary steps to rectify this matter. First and foremost, I would like to clarify that I am fully aware of the pertinent laws and regulations surrounding debt collection practices, including the prohibitions outlined in the FD CPA. It has come to my attention that in your communication with me, you have been falsely representing or implying that your organization is affiliated with a CRA, which is a clear violation under the FD CPA. The FD CPA strictly prohibits debt collectors from misrepresenting their identity or falsely implying that they operate or are employed by a CRA. By employing deceptive tactics to create the impression of an official affiliation with a CRA, you are misleading and confusing consumers, such as myself, who have rights and protections under the law. It is imperative that you understand the gravity of your actions and the potential legal consequences associated with them. I insist that you immediately cease making any false or misleading misrepresentations that falsely imply an affiliation with a CRA. Additionally, I demand that you take the following actions: 1. Immediately cease all communication regarding this alleged debt unless you can provide clear and accurate information, including valid verification of the debt, in accordance with my rights under the FD CPA. 2. Within 15 days of receiving this letter, provide me with written confirmation that you have ceased all misrepresentations regarding affiliation with a CRA and that you will not resume such activities in the future. 3. Within the same timeframe, ensure that any negative information that may have been reported to any credit reporting agencies due to your previous misleading activities is removed and corrected. Failure to comply with the demands outlined above will leave me with no choice but to take immediate legal action to protect my rights and seek appropriate remedies available under federal and state laws. I anticipate your prompt attention to this matter and expect a written response within 15 days from the receipt of this letter. Any response received after this timeframe could jeopardize our willingness to resolve this matter amicably. Please be aware that I am documenting all communication and retaining copies of all correspondence related to this issue. Your cooperation in rectifying this matter will save both parties unnecessary time, expenses, and potential legal action. Thank you for your immediate attention to these matters. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
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.
