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:
"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."
Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken Date: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Notice of False or Misleading Misrepresentations in Collection Activities and Threats of Unlawful Action Dear [Debt Collector's Name], I am writing in response to recent communication from your agency regarding an alleged debt for [Creditor's Name] account number [Account Number]. It has come to my attention that your collection activities have included false or misleading misrepresentations as well as threats of actions that cannot legally be taken or that are not intended to be taken. This letter serves as an official notice of these violations as stipulated in the Fair Debt Collection Practices Act (FD CPA). Firstly, it has been falsely represented to me that I am legally obligated to pay the alleged debt in full immediately, without providing any documentation supporting the validity or accuracy of the debt. Furthermore, your agency has failed to provide verification of the debt within the required 30-day period as outlined in the FD CPA. These actions not only violate my rights as a consumer but also demonstrate a clear violation of the FD CPA's provisions. Additionally, your collection activities have included threats of actions that cannot legally be taken or that are not intended to be taken. Specifically, threatening to file a lawsuit, garnish wages, or initiate any legal proceedings, when you have no intention or legal authority to do so, is a violation of the FD CPA. Such practices are considered harassment and are illegal under federal law. Given the seriousness of these violations, I demand that you immediately cease and desist all collection activities related to the alleged debt. Failure to comply with this request will leave me with no choice but to pursue legal action against your agency to protect my rights as a consumer. As stipulated under the FD CPA, I also request that you provide me with the following information: 1. Valid documentation verifying the debt, including the original creditor's name, the original account number, and any relevant account statements. 2. Proof of your legal authority to collect this debt on behalf of the alleged creditor. 3. Evidence that you have conducted a reasonable investigation into the accuracy of the alleged debt. Please be aware that any further communication regarding this alleged debt, without providing the requested documentation as described above, will also be considered a violation of the FD CPA. I expect to receive your response within the next 30 days from the date of this letter. Should you fail to respond or continue to engage in unlawful collection activities, I will have no choice but to report these violations to the appropriate regulatory authorities, including the Consumer Financial Protection Bureau and the Texas Attorney General's Office. I trust that you will handle this matter seriously and in accordance with federal law. Your immediate attention to this letter is appreciated. Sincerely, [Your Name]Houston Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken Date: [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Notice of False or Misleading Misrepresentations in Collection Activities and Threats of Unlawful Action Dear [Debt Collector's Name], I am writing in response to recent communication from your agency regarding an alleged debt for [Creditor's Name] account number [Account Number]. It has come to my attention that your collection activities have included false or misleading misrepresentations as well as threats of actions that cannot legally be taken or that are not intended to be taken. This letter serves as an official notice of these violations as stipulated in the Fair Debt Collection Practices Act (FD CPA). Firstly, it has been falsely represented to me that I am legally obligated to pay the alleged debt in full immediately, without providing any documentation supporting the validity or accuracy of the debt. Furthermore, your agency has failed to provide verification of the debt within the required 30-day period as outlined in the FD CPA. These actions not only violate my rights as a consumer but also demonstrate a clear violation of the FD CPA's provisions. Additionally, your collection activities have included threats of actions that cannot legally be taken or that are not intended to be taken. Specifically, threatening to file a lawsuit, garnish wages, or initiate any legal proceedings, when you have no intention or legal authority to do so, is a violation of the FD CPA. Such practices are considered harassment and are illegal under federal law. Given the seriousness of these violations, I demand that you immediately cease and desist all collection activities related to the alleged debt. Failure to comply with this request will leave me with no choice but to pursue legal action against your agency to protect my rights as a consumer. As stipulated under the FD CPA, I also request that you provide me with the following information: 1. Valid documentation verifying the debt, including the original creditor's name, the original account number, and any relevant account statements. 2. Proof of your legal authority to collect this debt on behalf of the alleged creditor. 3. Evidence that you have conducted a reasonable investigation into the accuracy of the alleged debt. Please be aware that any further communication regarding this alleged debt, without providing the requested documentation as described above, will also be considered a violation of the FD CPA. I expect to receive your response within the next 30 days from the date of this letter. Should you fail to respond or continue to engage in unlawful collection activities, I will have no choice but to report these violations to the appropriate regulatory authorities, including the Consumer Financial Protection Bureau and the Texas Attorney General's Office. I trust that you will handle this matter seriously and in accordance with federal law. Your immediate attention to this letter is appreciated. Sincerely, [Your Name]
