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 About Unfair Collection Activities — Solicitation of Postdated Checks in San Jose California Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a concerning matter regarding a recent interaction with your debt collection agency. I have recently become aware of a potential violation of consumer rights based on the unfair practice of soliciting postdated checks for deposit or the threat to deposit such checks before the agreed-upon date. As a resident of San Jose, California, I am aware that both federal and state laws protect consumers from unjust and abusive collection practices. The California Rosenthal Fair Debt Collection Practices Act (RFD CPA) strictly prohibits debt collectors from engaging in deceptive, unfair, or harassing activities. It is my belief that the solicitation of postdated checks for immediate or early deposit falls within these prohibited practices. Enclosed with this letter, you will find copies of any relevant documents that validate my claims and support my concerns. I kindly request that you review these documents thoroughly to acknowledge the accuracy of the information presented. The purpose of this letter is to bring your attention to the potential infringement upon my rights as a consumer and urge you to rectify this situation promptly. I trust that your agency is committed to conducting business ethically and abiding by the laws that were set in place to protect the interests of consumers like myself. In light of the aforementioned violation, I kindly request the following actions to address this issue: 1. Cease and Desist: Immediately stop any solicitation or threats related to the deposit of postdated checks before the agreed-upon date. 2. Confirmation: Provide a written confirmation, within [a reasonable timeframe, e.g., 14 days], that your debt collection agency will cease this unfair practice in the future. 3. Communication Verification: Clearly state in writing that any future communication from your agency will conform to the guidelines dictated by the RFD CPA and any other applicable laws. Failure to address this matter satisfactorily or continuing with the unfair practice described above may result in formal complaints filed with the relevant authorities, including the Federal Trade Commission (FTC) and the California Attorney General's Office. I hope that we can resolve this matter amicably, ensuring that my consumer rights are respected throughout this process. I kindly request your prompt attention to this matter. You may reach me at the contact information provided below. Thank you for your immediate attention to this serious matter. I trust that you will take the necessary steps to rectify the situation to ensure fair and ethical debt collection practices moving forward. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Concerns About Unfair Collection Activities — Solicitation of Postdated Checks in San Jose California Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address a concerning matter regarding a recent interaction with your debt collection agency. I have recently become aware of a potential violation of consumer rights based on the unfair practice of soliciting postdated checks for deposit or the threat to deposit such checks before the agreed-upon date. As a resident of San Jose, California, I am aware that both federal and state laws protect consumers from unjust and abusive collection practices. The California Rosenthal Fair Debt Collection Practices Act (RFD CPA) strictly prohibits debt collectors from engaging in deceptive, unfair, or harassing activities. It is my belief that the solicitation of postdated checks for immediate or early deposit falls within these prohibited practices. Enclosed with this letter, you will find copies of any relevant documents that validate my claims and support my concerns. I kindly request that you review these documents thoroughly to acknowledge the accuracy of the information presented. The purpose of this letter is to bring your attention to the potential infringement upon my rights as a consumer and urge you to rectify this situation promptly. I trust that your agency is committed to conducting business ethically and abiding by the laws that were set in place to protect the interests of consumers like myself. In light of the aforementioned violation, I kindly request the following actions to address this issue: 1. Cease and Desist: Immediately stop any solicitation or threats related to the deposit of postdated checks before the agreed-upon date. 2. Confirmation: Provide a written confirmation, within [a reasonable timeframe, e.g., 14 days], that your debt collection agency will cease this unfair practice in the future. 3. Communication Verification: Clearly state in writing that any future communication from your agency will conform to the guidelines dictated by the RFD CPA and any other applicable laws. Failure to address this matter satisfactorily or continuing with the unfair practice described above may result in formal complaints filed with the relevant authorities, including the Federal Trade Commission (FTC) and the California Attorney General's Office. I hope that we can resolve this matter amicably, ensuring that my consumer rights are respected throughout this process. I kindly request your prompt attention to this matter. You may reach me at the contact information provided below. Thank you for your immediate attention to this serious matter. I trust that you will take the necessary steps to rectify the situation to ensure fair and ethical debt collection practices moving forward. Yours 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.
