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 . . . ."
Subject: Cease and Desist Unlawful Collection Practices — False Threats of Arrest or Imprisonment [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Re: [Account Number/Reference Number] Dear [Debt Collector's Name], I am writing to inform you of the false and misleading misrepresentations made by your organization in regard to the collection activities concerning the above-mentioned debt. Specifically, I have received numerous communication attempts from your agency that falsely represent that nonpayment of this debt will result in the arrest or imprisonment of any person. This tactic is both illegal under the Fair Debt Collection Practices Act (FD CPA) and completely unethical. As a resident of Phoenix, Arizona, I am aware of my rights under both federal and state laws, including the FD CPA and the Arizona Revised Statutes (AS 32-1001 et seq.). It is imperative that debt collectors such as yourselves operate within the boundaries of these laws and maintain integrity in their communication with debtors. By falsely representing that failure to pay this debt will lead to arrest or imprisonment, you have engaged in a clear violation of the FD CPA and have attempted to intimidate me into making payment. Such threats are not only false and misleading but also unacceptable tactics in the debt collection process. I demand an immediate cessation of these unlawful practices. Please be advised that I have carefully documented each communication from your organization, including dates, times, and the individuals involved in these false representations. If necessary, I will take legal action to protect my rights and hold your agency accountable for its illegal activities. I expect a prompt response within 15 days of receiving this letter confirming that you have ceased all misleading collection activities, including the false threats of arrest or imprisonment. Additionally, I request written confirmation that you will no longer falsely represent any consequences that are not legally permitted under relevant laws. Failure to comply with these demands will leave me no choice but to pursue legal remedies available to me, including filing a complaint against your agency with the Federal Trade Commission, the Consumer Financial Protection Bureau, and any other appropriate regulatory bodies. I trust that you will take this matter seriously and rectify your unlawful practices immediately. Your cooperation in this matter is greatly appreciated. Sincerely, [Your Name]Subject: Cease and Desist Unlawful Collection Practices — False Threats of Arrest or Imprisonment [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Re: [Account Number/Reference Number] Dear [Debt Collector's Name], I am writing to inform you of the false and misleading misrepresentations made by your organization in regard to the collection activities concerning the above-mentioned debt. Specifically, I have received numerous communication attempts from your agency that falsely represent that nonpayment of this debt will result in the arrest or imprisonment of any person. This tactic is both illegal under the Fair Debt Collection Practices Act (FD CPA) and completely unethical. As a resident of Phoenix, Arizona, I am aware of my rights under both federal and state laws, including the FD CPA and the Arizona Revised Statutes (AS 32-1001 et seq.). It is imperative that debt collectors such as yourselves operate within the boundaries of these laws and maintain integrity in their communication with debtors. By falsely representing that failure to pay this debt will lead to arrest or imprisonment, you have engaged in a clear violation of the FD CPA and have attempted to intimidate me into making payment. Such threats are not only false and misleading but also unacceptable tactics in the debt collection process. I demand an immediate cessation of these unlawful practices. Please be advised that I have carefully documented each communication from your organization, including dates, times, and the individuals involved in these false representations. If necessary, I will take legal action to protect my rights and hold your agency accountable for its illegal activities. I expect a prompt response within 15 days of receiving this letter confirming that you have ceased all misleading collection activities, including the false threats of arrest or imprisonment. Additionally, I request written confirmation that you will no longer falsely represent any consequences that are not legally permitted under relevant laws. Failure to comply with these demands will leave me no choice but to pursue legal remedies available to me, including filing a complaint against your agency with the Federal Trade Commission, the Consumer Financial Protection Bureau, and any other appropriate regulatory bodies. I trust that you will take this matter seriously and rectify your unlawful practices immediately. Your cooperation in this matter is greatly appreciated. Sincerely, [Your Name]
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.
