Los Angeles California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed

State:
Multi-State
County:
Los Angeles
Control #:
US-DCPA-19.14BG
Format:
Word; 
Rich Text
Instant download

Description

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:

"(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."

Dear [Debt Collector's Name], I am writing to inform you of some concerning behavior regarding your collection activities related to the debt owed on [Account Number]. It has come to my attention that there have been false or misleading misrepresentations made by your agency, specifically in the form of communicating or threatening to communicate false credit information to other individuals, despite the fact that the validity of this debt is currently being disputed. I want to bring to your attention that under the Fair Debt Collection Practices Act (FD CPA), it is strictly prohibited for debt collectors to engage in such misleading practices, including the failure to disclose that a debt is being disputed. As a resident of Los Angeles, California, it is crucial for me to emphasize that the State of California has additional consumer protection statutes that reinforce and provide further guidance on permissible debt collection practices. Your collection agency's actions are in direct violation of the FD CPA and the California Fair Debt Collection Practices Act (CFD CPA). It is essential that you rectify this matter promptly to avoid legal repercussions and additional damages. In order to address this issue, I kindly request that you take the following steps: 1. Cease all collection activities immediately regarding the aforementioned debt until its validity is legitimately confirmed. 2. Discontinue all forms of communication, written or verbal, with any third parties, including credit reporting agencies, regarding this disputed debt. 3. Provide written acknowledgment within 30 days of receiving this letter stating that you have ceased all collection activities and have withdrawn the false credit information previously communicated. 4. Provide documented evidence that validates the accuracy and legitimacy of the debt owed, including a copy of the original signed agreement or contract. 5. Clearly outline the exact amount of the debt owed, including any applicable fees or interest charges, and provide a detailed breakdown of the debt's origin and any relevant account statements. Failure to comply with these requests within the given time frame will leave me no choice but to report your agency's illegal activities to the Federal Trade Commission, the Consumer Financial Protection Bureau, and the California Attorney General's Office. I will also explore legal actions available to me under both federal and state laws. I trust that you understand the seriousness of this matter and the potential consequences that could arise from continued violation of the FD CPA and CFD CPA. Furthermore, I expect a prompt and thorough response from your agency addressing my concerns and providing the necessary assurances that the aforementioned activities will cease immediately. Please consider this letter as written notice, and any future communication regarding this debt should be conducted solely in writing. Kindly acknowledge receipt of this letter and provide a physical address for future correspondence. Thank you for your immediate attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]

Dear [Debt Collector's Name], I am writing to inform you of some concerning behavior regarding your collection activities related to the debt owed on [Account Number]. It has come to my attention that there have been false or misleading misrepresentations made by your agency, specifically in the form of communicating or threatening to communicate false credit information to other individuals, despite the fact that the validity of this debt is currently being disputed. I want to bring to your attention that under the Fair Debt Collection Practices Act (FD CPA), it is strictly prohibited for debt collectors to engage in such misleading practices, including the failure to disclose that a debt is being disputed. As a resident of Los Angeles, California, it is crucial for me to emphasize that the State of California has additional consumer protection statutes that reinforce and provide further guidance on permissible debt collection practices. Your collection agency's actions are in direct violation of the FD CPA and the California Fair Debt Collection Practices Act (CFD CPA). It is essential that you rectify this matter promptly to avoid legal repercussions and additional damages. In order to address this issue, I kindly request that you take the following steps: 1. Cease all collection activities immediately regarding the aforementioned debt until its validity is legitimately confirmed. 2. Discontinue all forms of communication, written or verbal, with any third parties, including credit reporting agencies, regarding this disputed debt. 3. Provide written acknowledgment within 30 days of receiving this letter stating that you have ceased all collection activities and have withdrawn the false credit information previously communicated. 4. Provide documented evidence that validates the accuracy and legitimacy of the debt owed, including a copy of the original signed agreement or contract. 5. Clearly outline the exact amount of the debt owed, including any applicable fees or interest charges, and provide a detailed breakdown of the debt's origin and any relevant account statements. Failure to comply with these requests within the given time frame will leave me no choice but to report your agency's illegal activities to the Federal Trade Commission, the Consumer Financial Protection Bureau, and the California Attorney General's Office. I will also explore legal actions available to me under both federal and state laws. I trust that you understand the seriousness of this matter and the potential consequences that could arise from continued violation of the FD CPA and CFD CPA. Furthermore, I expect a prompt and thorough response from your agency addressing my concerns and providing the necessary assurances that the aforementioned activities will cease immediately. Please consider this letter as written notice, and any future communication regarding this debt should be conducted solely in writing. Kindly acknowledge receipt of this letter and provide a physical address for future correspondence. Thank you for your immediate attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]

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Los Angeles California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities - Communicating or Threatening to Communicate to any Person False Credit Information, Including the Failure to Communicate that a Debt is Disputed