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:
"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."
Subject: Possible Unfair Practices in Debt Collection — Los Angeles, California Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your attention some concerns about potential unfair practices in debt collection activities. As an informed consumer and resident of Los Angeles, California, I feel it is crucial to address this matter promptly and ensure a fair and just process. Upon reviewing the Fair Debt Collection Practices Act (FD CPA) guidelines, I believe that your collection agency may be engaging in the unfair practice of taking, or threatening to take, nonjudicial action when there is no present right or intent to exercise such rights. It is important to emphasize that my purpose in writing this letter is to raise awareness about these practices and to request their immediate cessation. Nonjudicial actions can encompass various activities, such as: 1. Threatening to file a lawsuit or initiate legal proceedings without any genuine intention to do so. 2. Threatening or initiating wage garnishment, asset seizure, liens, or foreclosure when there is no lawful basis for pursuing such actions. 3. Using misleading or deceptive language that suggests nonjudicial actions are imminent, despite no actual intention to follow through with them. 4. Engaging in acts or deceptive practices that create an atmosphere of fear or anxiety to coerce payment. I firmly believe that as consumers, we have the right to fair treatment, transparency, and respect throughout the debt collection process. It is imperative that collection agencies adhere to the guidelines set forth by the FD CPA to ensure that our rights are protected. I kindly request that you promptly investigate this matter, review your collection practices, and take the necessary steps to rectify any potential violations or unfair practices within your organization. I trust that by doing so, you will demonstrate your commitment to ethics and consumer rights. Additionally, I kindly request that you provide me with a written response within 30 days of receiving this letter. This response should include information on any actions taken to address the concerns outlined above or an explanation of why you believe no violations exist. It is crucial to note that I will closely monitor this matter and may take further action if necessary to protect my consumer rights. Thank you for your attention to this matter, and I look forward to a prompt and satisfactory resolution. Sincerely, [Your Name] [Your Address] [City, State, ZIP code] [Email Address] [Phone Number]Subject: Possible Unfair Practices in Debt Collection — Los Angeles, California Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your attention some concerns about potential unfair practices in debt collection activities. As an informed consumer and resident of Los Angeles, California, I feel it is crucial to address this matter promptly and ensure a fair and just process. Upon reviewing the Fair Debt Collection Practices Act (FD CPA) guidelines, I believe that your collection agency may be engaging in the unfair practice of taking, or threatening to take, nonjudicial action when there is no present right or intent to exercise such rights. It is important to emphasize that my purpose in writing this letter is to raise awareness about these practices and to request their immediate cessation. Nonjudicial actions can encompass various activities, such as: 1. Threatening to file a lawsuit or initiate legal proceedings without any genuine intention to do so. 2. Threatening or initiating wage garnishment, asset seizure, liens, or foreclosure when there is no lawful basis for pursuing such actions. 3. Using misleading or deceptive language that suggests nonjudicial actions are imminent, despite no actual intention to follow through with them. 4. Engaging in acts or deceptive practices that create an atmosphere of fear or anxiety to coerce payment. I firmly believe that as consumers, we have the right to fair treatment, transparency, and respect throughout the debt collection process. It is imperative that collection agencies adhere to the guidelines set forth by the FD CPA to ensure that our rights are protected. I kindly request that you promptly investigate this matter, review your collection practices, and take the necessary steps to rectify any potential violations or unfair practices within your organization. I trust that by doing so, you will demonstrate your commitment to ethics and consumer rights. Additionally, I kindly request that you provide me with a written response within 30 days of receiving this letter. This response should include information on any actions taken to address the concerns outlined above or an explanation of why you believe no violations exist. It is crucial to note that I will closely monitor this matter and may take further action if necessary to protect my consumer rights. Thank you for your attention to this matter, and I look forward to a prompt and satisfactory resolution. Sincerely, [Your Name] [Your Address] [City, State, ZIP code] [Email Address] [Phone Number]
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.
