A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument."
Subject: Concerns Regarding Unfair Debt Collection Practices — Soliciting Postdated Checks [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP Code] Dear Sir/Madam, Re: Fair Debt Collection Practices — Repercussions of Soliciting Postdated Checks I am writing to express my grave concerns regarding the debt collection practices employed by your agency, specifically related to the solicitation of postdated checks. As a resident of Houston, Texas, I believe it is crucial to address and rectify any potential violations of my rights under the Fair Debt Collection Practices Act (FD CPA). Houston, Texas is home to a diverse and vibrant community that holds the values of fairness and equity close to heart. It is important for debt collectors like your agency to operate within the bounds of the law and respect those principles. Unfortunately, it has come to my attention that your agency has been engaging in the unfair practice of soliciting postdated checks for the purpose of depositing or threatening to deposit them prior to the agreed-upon date. This practice not only violates the basic principles of consumer protection but also infringes upon my rights as outlined in the FD CPA. The FD CPA clearly prohibits debt collectors from engaging in deceptive, abusive, or unfair debt collection practices. Specifically, Section 807(11) of the FD CPA states that "the false representation or implication that postdating a check constitutes an illegal act" is an unfair practice deserving of immediate attention. I must emphasize that postdated checks are intended to serve as an arrangement to ensure timely payment while providing a sense of control over my financial obligations. By soliciting such checks and subsequently threatening to deposit or prematurely deposit them, your agency is displaying a blatant disregard for the boundaries set by both state and federal laws. Please be aware that should you continue with these unfair practices, I will not hesitate to take appropriate legal action to protect my rights as a consumer. As per the provisions of the FD CPA, I may be entitled to statutory damages. Additionally, I will not hesitate to report this matter to the Texas Attorney General's Office and the Consumer Financial Protection Bureau. In light of the aforementioned concerns, I kindly request the following actions be taken promptly: 1. Cease and desist from soliciting or threatening to deposit postdated checks prior to the designated date. 2. Provide written confirmation that your agency has ceased these unfair practices. 3. Provide written confirmation that no further attempts will be made to solicit or threaten to deposit postdated checks for my account. 4. Acknowledge, in writing, the receipt of this letter within 15 days of receiving it. Failure to comply with my reasonable requests within the stated time frame may leave me with no alternative but to pursue legal remedies. I trust that such actions will not be necessary and that you will act promptly to rectify this matter. I look forward to your prompt response and a swift resolution to this issue. Your cooperation in this matter is greatly appreciated. Sincerely, [Your Name]Subject: Concerns Regarding Unfair Debt Collection Practices — Soliciting Postdated Checks [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP Code] Dear Sir/Madam, Re: Fair Debt Collection Practices — Repercussions of Soliciting Postdated Checks I am writing to express my grave concerns regarding the debt collection practices employed by your agency, specifically related to the solicitation of postdated checks. As a resident of Houston, Texas, I believe it is crucial to address and rectify any potential violations of my rights under the Fair Debt Collection Practices Act (FD CPA). Houston, Texas is home to a diverse and vibrant community that holds the values of fairness and equity close to heart. It is important for debt collectors like your agency to operate within the bounds of the law and respect those principles. Unfortunately, it has come to my attention that your agency has been engaging in the unfair practice of soliciting postdated checks for the purpose of depositing or threatening to deposit them prior to the agreed-upon date. This practice not only violates the basic principles of consumer protection but also infringes upon my rights as outlined in the FD CPA. The FD CPA clearly prohibits debt collectors from engaging in deceptive, abusive, or unfair debt collection practices. Specifically, Section 807(11) of the FD CPA states that "the false representation or implication that postdating a check constitutes an illegal act" is an unfair practice deserving of immediate attention. I must emphasize that postdated checks are intended to serve as an arrangement to ensure timely payment while providing a sense of control over my financial obligations. By soliciting such checks and subsequently threatening to deposit or prematurely deposit them, your agency is displaying a blatant disregard for the boundaries set by both state and federal laws. Please be aware that should you continue with these unfair practices, I will not hesitate to take appropriate legal action to protect my rights as a consumer. As per the provisions of the FD CPA, I may be entitled to statutory damages. Additionally, I will not hesitate to report this matter to the Texas Attorney General's Office and the Consumer Financial Protection Bureau. In light of the aforementioned concerns, I kindly request the following actions be taken promptly: 1. Cease and desist from soliciting or threatening to deposit postdated checks prior to the designated date. 2. Provide written confirmation that your agency has ceased these unfair practices. 3. Provide written confirmation that no further attempts will be made to solicit or threaten to deposit postdated checks for my account. 4. Acknowledge, in writing, the receipt of this letter within 15 days of receiving it. Failure to comply with my reasonable requests within the stated time frame may leave me with no alternative but to pursue legal remedies. I trust that such actions will not be necessary and that you will act promptly to rectify this matter. I look forward to your prompt response and a swift resolution to this issue. 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.
