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."
[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] Subject: Unfair Practice in Collection Activities — Soliciting or Threatening Deposit of Postdated Check Dear [Debt Collection Agency's Name], I am writing to express my serious concern regarding what I believe to be an unfair and unethical practice employed by your agency during the process of debt collection. It has come to my attention that your agency, based in Wayne, Michigan, has been soliciting or threatening to deposit postdated checks prior to the date specified on these checks. This practice is in clear violation of the Fair Debt Collection Practices Act (FD CPA) under the Federal Trade Commission (FTC) guidelines. 1. Violation of FD CPA: The FD CPA was enacted to protect consumers from unfair and abusive debt collection practices. Section 1692e(14) specifically states that debt collectors are prohibited from using unfair or unconscionable means to collect or attempt to collect any debt. Soliciting or threatening the deposit of a postdated check prior to the specified date clearly falls under this prohibited category. 2. Unethical Practices: Soliciting or threatening deposit of a postdated check before the agreed-upon date is not only a violation of federal regulations, but it is also an unethical practice that aims to exploit and deceive consumers who are already facing financial hardships. Such practices can cause significant financial burden and disrupt the ability to meet other essential financial obligations. 3. Personal Experience: On [date], I received a call from one of your representatives named [Agent's Name] regarding the outstanding debt I owe to [Creditor's Name]. During the conversation, [Agent's Name] explicitly mentioned that if I failed to make an immediate payment, my postdated check provided for [date] would be deposited prior to the agreed-upon date. This threat not only caught me off guard but also made me question the integrity of your agency's collection practices. 4. Requested Action: I demand an immediate cessation of these unfair and unethical collection activities by your agency. Additionally, I request that you confirm in writing that you will not deposit or threaten to deposit the postdated check before the specified date or engage in any other forms of unfair collection practices. Failure to comply with this request may result in legal action being pursued against your agency. 5. Supporting Documentation: Enclosed with this letter, you will find copies of the postdated check mentioned above, along with any other relevant documents or communication records pertaining to my account. These documents serve as evidence of your agency's unfair practices and will be shared with the appropriate governing bodies, should the need arise. I trust that you will take immediate action to rectify this matter and prevent further violations of the FD CPA. Please provide a written response within [reasonable time frame, e.g., 15 business days] from the date of this letter, confirming your compliance with my demands and outlining the steps taken to address this issue. Thank you for your prompt attention to this matter. I trust that you will handle it with the seriousness it deserves. Failure to address this issue appropriately may compel me to seek legal remedies available to me under federal and state laws. Sincerely, [Your Name][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] Subject: Unfair Practice in Collection Activities — Soliciting or Threatening Deposit of Postdated Check Dear [Debt Collection Agency's Name], I am writing to express my serious concern regarding what I believe to be an unfair and unethical practice employed by your agency during the process of debt collection. It has come to my attention that your agency, based in Wayne, Michigan, has been soliciting or threatening to deposit postdated checks prior to the date specified on these checks. This practice is in clear violation of the Fair Debt Collection Practices Act (FD CPA) under the Federal Trade Commission (FTC) guidelines. 1. Violation of FD CPA: The FD CPA was enacted to protect consumers from unfair and abusive debt collection practices. Section 1692e(14) specifically states that debt collectors are prohibited from using unfair or unconscionable means to collect or attempt to collect any debt. Soliciting or threatening the deposit of a postdated check prior to the specified date clearly falls under this prohibited category. 2. Unethical Practices: Soliciting or threatening deposit of a postdated check before the agreed-upon date is not only a violation of federal regulations, but it is also an unethical practice that aims to exploit and deceive consumers who are already facing financial hardships. Such practices can cause significant financial burden and disrupt the ability to meet other essential financial obligations. 3. Personal Experience: On [date], I received a call from one of your representatives named [Agent's Name] regarding the outstanding debt I owe to [Creditor's Name]. During the conversation, [Agent's Name] explicitly mentioned that if I failed to make an immediate payment, my postdated check provided for [date] would be deposited prior to the agreed-upon date. This threat not only caught me off guard but also made me question the integrity of your agency's collection practices. 4. Requested Action: I demand an immediate cessation of these unfair and unethical collection activities by your agency. Additionally, I request that you confirm in writing that you will not deposit or threaten to deposit the postdated check before the specified date or engage in any other forms of unfair collection practices. Failure to comply with this request may result in legal action being pursued against your agency. 5. Supporting Documentation: Enclosed with this letter, you will find copies of the postdated check mentioned above, along with any other relevant documents or communication records pertaining to my account. These documents serve as evidence of your agency's unfair practices and will be shared with the appropriate governing bodies, should the need arise. I trust that you will take immediate action to rectify this matter and prevent further violations of the FD CPA. Please provide a written response within [reasonable time frame, e.g., 15 business days] from the date of this letter, confirming your compliance with my demands and outlining the steps taken to address this issue. Thank you for your prompt attention to this matter. I trust that you will handle it with the seriousness it deserves. Failure to address this issue appropriately may compel me to seek legal remedies available to me under federal and state laws. 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.
