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:
"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person . . . ."
Dear [Debt Collector's Name], I am writing to notify you of the false and misleading misrepresentations made by your agency regarding the potential consequences of nonpayment of a debt. It has come to my attention that your collection activities include falsely representing that failure to pay any debt will result in the arrest or imprisonment of the debtor. As a resident of Fairfax, Virginia, I am well aware of the laws and regulations surrounding debt collection practices in this jurisdiction. It is illegal under both federal and state law for debt collectors to make false or deceptive statements to debtors. The Fair Debt Collection Practices Act (FD CPA) clearly outlines the prohibited practices in debt collection, and misleading debtors about the consequences of nonpayment is a direct violation of this law. I would like to emphasize that federal and state laws do not authorize the arrest or imprisonment of individuals solely based on their failure to pay a debt. Therefore, any claims made by your agency asserting otherwise are inaccurate and misleading. Such false representations not only violate the law but also cause unnecessary anxiety and distress to debtors. It is essential that you refrain from making such misleading statements immediately. Failure to cease these deceptive practices may result in legal action being taken against your agency. I demand that you provide written confirmation within [reasonable timeframe, such as 10 business days] that you have ceased making false or misleading representations regarding the arrest or imprisonment of individuals for nonpayment of any debt. This confirmation should also include an assurance that no further contact will be made regarding this matter, and any negative information associated with this debt will be promptly removed from my credit report. In closing, I expect your full compliance with this request and a swift resolution to this matter. Please consider this letter as a formal notice documenting your violation of the FD CPA and the consequences that may follow if corrective action is not taken. Thank you for your immediate attention to this matter. I anticipate your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Fairfax Virginia, detailed description, letter, informing, debt collector, false or misleading misrepresentations, collection activities, falsely representing, nonpayment of any debt, arrest, imprisonment, resident, laws, regulations, debt collection practices, jurisdiction, illegal, federal law, state law, Fair Debt Collection Practices Act, FD CPA, prohibited practices, direct violation, claims, inaccurate, unnecessary anxiety, distress, legal action, written confirmation, cease, deceptive practices, reasonable timeframe, business days, assurance, contact, negative information, credit report, compliance, notice, consequences, corrective action, immediate attention, prompt response.Dear [Debt Collector's Name], I am writing to notify you of the false and misleading misrepresentations made by your agency regarding the potential consequences of nonpayment of a debt. It has come to my attention that your collection activities include falsely representing that failure to pay any debt will result in the arrest or imprisonment of the debtor. As a resident of Fairfax, Virginia, I am well aware of the laws and regulations surrounding debt collection practices in this jurisdiction. It is illegal under both federal and state law for debt collectors to make false or deceptive statements to debtors. The Fair Debt Collection Practices Act (FD CPA) clearly outlines the prohibited practices in debt collection, and misleading debtors about the consequences of nonpayment is a direct violation of this law. I would like to emphasize that federal and state laws do not authorize the arrest or imprisonment of individuals solely based on their failure to pay a debt. Therefore, any claims made by your agency asserting otherwise are inaccurate and misleading. Such false representations not only violate the law but also cause unnecessary anxiety and distress to debtors. It is essential that you refrain from making such misleading statements immediately. Failure to cease these deceptive practices may result in legal action being taken against your agency. I demand that you provide written confirmation within [reasonable timeframe, such as 10 business days] that you have ceased making false or misleading representations regarding the arrest or imprisonment of individuals for nonpayment of any debt. This confirmation should also include an assurance that no further contact will be made regarding this matter, and any negative information associated with this debt will be promptly removed from my credit report. In closing, I expect your full compliance with this request and a swift resolution to this matter. Please consider this letter as a formal notice documenting your violation of the FD CPA and the consequences that may follow if corrective action is not taken. Thank you for your immediate attention to this matter. I anticipate your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Fairfax Virginia, detailed description, letter, informing, debt collector, false or misleading misrepresentations, collection activities, falsely representing, nonpayment of any debt, arrest, imprisonment, resident, laws, regulations, debt collection practices, jurisdiction, illegal, federal law, state law, Fair Debt Collection Practices Act, FD CPA, prohibited practices, direct violation, claims, inaccurate, unnecessary anxiety, distress, legal action, written confirmation, cease, deceptive practices, reasonable timeframe, business days, assurance, contact, negative information, credit report, compliance, notice, consequences, corrective action, immediate attention, prompt response.
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.
