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:
"(2) The false representation of . . . the character, amount, or legal status of any debt . . . ."
Hennepin Minnesota Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing the Character, Amount, or Legal Status of any Debt Dear [Debt Collector's Name], I am writing to you today to address some concerns regarding the collection activities being conducted by your company regarding a debt that you claim I owe. It has come to my attention that there may be false or misleading misrepresentations being made regarding the character, amount, or legal status of this alleged debt. Firstly, I would like to express my disappointment in the lack of transparency and accuracy in your communication. It is essential that all debt collectors adhere to strict ethical standards and comply with relevant laws, such as the Fair Debt Collection Practices Act (FD CPA), which prohibits deceptive and unfair collection practices. Upon reviewing the information provided to me, I have reason to believe that there may be discrepancies in the character, amount, or legal status of the debt you are attempting to collect. This raises serious concerns about the legitimacy and validity of your claims. As a consumer, I have the right to accurate and truthful information regarding any debt owed, and I expect your company to fulfill your obligations in this regard. I kindly request that you immediately provide me with the following information: 1. Detailed documentation of the original debt, including the account number, creditor's name, and a breakdown of the principal amount and any additional charges or interest that may have been applied. 2. Proof of ownership or authorization to collect this alleged debt, which should include a signed agreement or contract between me and the original creditor. 3. Verification that your company is licensed and authorized to collect debts in Hennepin County, Minnesota. Please provide the relevant licenses and registration information. 4. Any and all correspondence, records, or agreements between your company and any previous debt collection agencies or entities that have handled this alleged debt. I expect a timely response to this letter within [insert reasonable time frame, e.g., 30 days] as required by the FD CPA. Failure to provide the requested information within this timeframe will compel me to take further action to protect my rights as a consumer. Please note that I am fully aware of my rights under the FD CPA and any other applicable laws and regulations. Moreover, I hereby inform you that any continued attempts to collect this debt without providing proper verification and clarification will be considered an explicit violation of the FD CPA and other applicable laws. In such cases, I will not hesitate to file complaints with the relevant regulatory authorities and pursue legal remedies available to me. I trust that you will handle this matter with the utmost seriousness and urgency it deserves. It is my sincere hope that we can resolve this issue amicably and in accordance with all relevant laws. I look forward to your prompt response. Sincerely, [Your Name] [Your Address] [City, State, Zip Code] [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.
