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:
"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
This would include misleading a consumer as to the legal consequences of their actions (e.g., falsely implying that a failure to respond is an admission of liability).
Subject: Regarding False and Misleading Misrepresentations in Debt Collection Activities — Oakland, Michigan Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address my concerns regarding your recent debt collection activities and the misleading and false representations made during the process. As a consumer residing in Oakland, Michigan, it is crucial that all debt collectors adhere to the Fair Debt Collection Practices Act (FD CPA) and provide accurate and lawful information during their interactions. Firstly, I would like to address the misrepresentations regarding the legal consequences of my actions as a debtor. You have falsely implied that my failure to respond to your collection attempts constitutes an admission of liability. Please be advised that a failure to respond to a debt collection notice, in and of itself, does not constitute an admission of the alleged debt's validity or my liability for its repayment. Furthermore, any implication that my silence may result in legal consequences or negative actions against me is also misleading. It is imperative that all debt collectors, including yourselves, refrain from using such practices that mislead consumers into believing that they may face legal action solely due to their non-response. As a consumer living in Oakland, Michigan, I am aware of my rights under the FD CPA, which prohibit debt collectors from engaging in deceptive, unfair, or abusive practices. These practices include, but are not limited to, misrepresenting the legal consequences of a consumer's actions, making false statements about the amount or nature of the debt, and using harassing or threatening language. Unfortunately, I believe your recent actions have violated these rights. I kindly request that you immediately cease any misleading and false representation regarding the legal consequences of my actions in debt collection activities. I expect future communications to be accurate, transparent, and in full compliance with the FD CPA guidelines, as established by federal law. If any legal proceedings are initiated against me, I reserve my right to seek legal counsel and challenge the validity of the debt in question, as well as any potential violations of the FD CPA. Documenting and recording all future interactions related to this matter will be a priority to ensure adequate evidence is available if necessary. I trust that you will give prompt attention to this matter and rectify the misleading representations made thus far. Should you fail to address these concerns adequately, I will not hesitate to report your company to the relevant federal and state authorities, as well as seek legal remedies at my disposal. Thank you in advance for your immediate attention and understanding. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Subject: Regarding False and Misleading Misrepresentations in Debt Collection Activities — Oakland, Michigan Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address my concerns regarding your recent debt collection activities and the misleading and false representations made during the process. As a consumer residing in Oakland, Michigan, it is crucial that all debt collectors adhere to the Fair Debt Collection Practices Act (FD CPA) and provide accurate and lawful information during their interactions. Firstly, I would like to address the misrepresentations regarding the legal consequences of my actions as a debtor. You have falsely implied that my failure to respond to your collection attempts constitutes an admission of liability. Please be advised that a failure to respond to a debt collection notice, in and of itself, does not constitute an admission of the alleged debt's validity or my liability for its repayment. Furthermore, any implication that my silence may result in legal consequences or negative actions against me is also misleading. It is imperative that all debt collectors, including yourselves, refrain from using such practices that mislead consumers into believing that they may face legal action solely due to their non-response. As a consumer living in Oakland, Michigan, I am aware of my rights under the FD CPA, which prohibit debt collectors from engaging in deceptive, unfair, or abusive practices. These practices include, but are not limited to, misrepresenting the legal consequences of a consumer's actions, making false statements about the amount or nature of the debt, and using harassing or threatening language. Unfortunately, I believe your recent actions have violated these rights. I kindly request that you immediately cease any misleading and false representation regarding the legal consequences of my actions in debt collection activities. I expect future communications to be accurate, transparent, and in full compliance with the FD CPA guidelines, as established by federal law. If any legal proceedings are initiated against me, I reserve my right to seek legal counsel and challenge the validity of the debt in question, as well as any potential violations of the FD CPA. Documenting and recording all future interactions related to this matter will be a priority to ensure adequate evidence is available if necessary. I trust that you will give prompt attention to this matter and rectify the misleading representations made thus far. Should you fail to address these concerns adequately, I will not hesitate to report your company to the relevant federal and state authorities, as well as seek legal remedies at my disposal. Thank you in advance for your immediate attention and understanding. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
