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).
Dear [Debt Collector's Name], I am writing to express my deep concern regarding the recent collection activities conducted by your agency in relation to an alleged debt. I believe that your repeated false and misleading misrepresentations are a clear violation of the Fair Debt Collection Practices Act (FD CPA) and are causing unnecessary distress on my part. Firstly, I would like to address the misleading representation you have made regarding the legal consequences of my actions. I have noticed that in your correspondence, you have falsely implied that my failure to respond to your demands is an admission of liability. This is not only incorrect, but it also directly contradicts the provisions outlined in the FD CPA. Under the FD CPA, a consumer's decision not to respond to a debt collector's communication does not automatically indicate an admission of liability. Furthermore, it is imperative to note that failure to respond should not be interpreted as an acknowledgment of the validity of the alleged debt. Your misleading tactics have induced confusion and created an unnecessary sense of urgency. It is essential that you promptly cease any false or misleading misrepresentations in your collection activities to avoid legal repercussions. Failure to comply with the FD CPA can result in legal actions against your agency and may lead to severe penalties. Moreover, it is crucial that your agency understands the consequences of persistently engaging in such misleading practices. As a resident of Queens, New York, I am fully aware of my rights as a consumer in this state. The laws in Queens, New York specifically prohibit debt collectors from engaging in deceptive or misleading tactics, including falsely implying legal consequences for a consumer's actions. To rectify this situation, I kindly request that you immediately update your records and ensure that all future correspondence is accurate and avoids any misleading statements. I expect that your agency will act in compliance with both the FD CPA and the laws specific to Queens, New York. Please be aware that I will not hesitate to take appropriate legal action if the misleading collection activities persist. I hope that we can resolve this matter without any further complications. It is in the best interest of both parties to reach a fair and just resolution. Thank you for your prompt attention to this matter. I expect a written confirmation from your agency that you have rectified the misleading representations and will refrain from engaging in such activities in the future. Should you require any additional information regarding this debt or my specific concerns, please do not hesitate to contact me. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Queens, New York, debt collector, misleading misrepresentations, collection activities, legal consequences, false implications, failure to respond, admission of liability, Fair Debt Collection Practices Act, FD CPA, consumer rights, deceptive tactics, accuracy, written confirmation, resolutionDear [Debt Collector's Name], I am writing to express my deep concern regarding the recent collection activities conducted by your agency in relation to an alleged debt. I believe that your repeated false and misleading misrepresentations are a clear violation of the Fair Debt Collection Practices Act (FD CPA) and are causing unnecessary distress on my part. Firstly, I would like to address the misleading representation you have made regarding the legal consequences of my actions. I have noticed that in your correspondence, you have falsely implied that my failure to respond to your demands is an admission of liability. This is not only incorrect, but it also directly contradicts the provisions outlined in the FD CPA. Under the FD CPA, a consumer's decision not to respond to a debt collector's communication does not automatically indicate an admission of liability. Furthermore, it is imperative to note that failure to respond should not be interpreted as an acknowledgment of the validity of the alleged debt. Your misleading tactics have induced confusion and created an unnecessary sense of urgency. It is essential that you promptly cease any false or misleading misrepresentations in your collection activities to avoid legal repercussions. Failure to comply with the FD CPA can result in legal actions against your agency and may lead to severe penalties. Moreover, it is crucial that your agency understands the consequences of persistently engaging in such misleading practices. As a resident of Queens, New York, I am fully aware of my rights as a consumer in this state. The laws in Queens, New York specifically prohibit debt collectors from engaging in deceptive or misleading tactics, including falsely implying legal consequences for a consumer's actions. To rectify this situation, I kindly request that you immediately update your records and ensure that all future correspondence is accurate and avoids any misleading statements. I expect that your agency will act in compliance with both the FD CPA and the laws specific to Queens, New York. Please be aware that I will not hesitate to take appropriate legal action if the misleading collection activities persist. I hope that we can resolve this matter without any further complications. It is in the best interest of both parties to reach a fair and just resolution. Thank you for your prompt attention to this matter. I expect a written confirmation from your agency that you have rectified the misleading representations and will refrain from engaging in such activities in the future. Should you require any additional information regarding this debt or my specific concerns, please do not hesitate to contact me. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Queens, New York, debt collector, misleading misrepresentations, collection activities, legal consequences, false implications, failure to respond, admission of liability, Fair Debt Collection Practices Act, FD CPA, consumer rights, deceptive tactics, accuracy, written confirmation, resolution
