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:
"(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer."
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Address] [City, State, ZIP Code] Subject: Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Debtor has or is Committing Criminal Fraud by Nonpayment of a Debt Dear [Debt Collection Agency], I hope this letter finds you well. I am writing to address a matter of concern regarding the collection activities undertaken by your agency in relation to a debt allegedly owed by me. I have recently become aware of false or misleading misrepresentations made by your organization, specifically relating to the suggestion that I have committed criminal fraud by nonpayment of said debt. This letter serves as an important notification of these inaccuracies and an assertion of my rights under the Fair Debt Collection Practices Act (FD CPA). First and foremost, I would like to clarify that I dispute the allegations made by your agency regarding any criminal activity on my part. Nonpayment of a debt does not automatically imply or establish criminal intent or fraudulent behavior. It is essential to adhere to accurate and lawful communication practices when engaging in debt collection activities, which includes refraining from misrepresenting or implying criminality on the part of the debtor. Under the FD CPA, debt collectors are prohibited from using false, misleading, or deceptive means to collect or attempt to collect a debt. Section 807(10) of the FD CPA states that it is unlawful to falsely represent the character, amount, or legal status of any debt, and to threaten consumers with criminal prosecution or imprisonment. By asserting that I have committed criminal fraud by nonpayment, your agency is in violation of these provisions. Furthermore, I request that you provide me with any and all documentation, including detailed statements of the alleged debt and any associated contracts or agreements. It is important for me to ascertain the accuracy and validity of the debt in question to ensure that I am being pursued for a legitimate obligation. Please also provide proof of any supposed criminal activity on my part that supports your claim. Failure to provide such documentation within [30 days] will be considered a violation of the FD CPA. I trust that you will take immediate and appropriate actions to rectify this matter. It is essential that your organization correct any false or misleading information and refrain from future misrepresentations regarding my alleged debt or the suggestion of criminal activity. Any further communication from your agency should comply with the FD CPA and provide truthful and accurate information pertaining to the debt. Please consider this letter as a formal written notice of my rights under the FD CPA and any other applicable state or federal laws. I expect prompt attention to this matter and a written acknowledgment in response within [15 days] from the date of your receipt of this letter. Failure to comply may result in further legal action being pursued to protect my rights. Thank you for your immediate attention to this matter. I look forward to your timely response. Sincerely, [Your Name]
