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 falsely stating or implying that a consumer is required to assign their wages to their creditor when such assignment is not required.
Travis Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt Dear [Debt Collector's Name/Agency], I am writing to inform you that I have become aware of false or misleading misrepresentations in your collection activities regarding the debt you claim I owe. This letter serves as a formal notification, pursuant to the Fair Debt Collection Practices Act (FD CPA), that I am aware of your use of false representation or deceptive means in attempting to collect the alleged debt. I demand that you cease these unfair, deceptive, and false practices immediately. Below, I have outlined the specific false or misleading misrepresentations I've observed during your collection activities: 1. False Statement Regarding Debt Owed: It has come to my attention that you have misrepresented the amount of the debt you claim I owe. According to my records, the amount you are stating is inaccurate or inflated. I request that you provide me with a detailed breakdown of the debt, including any interest or fees charged, to substantiate your claims. 2. False Representation of Legal Actions: Your collection activities have included false representation of legal actions against me. This includes threatening to initiate a lawsuit, garnish my wages, or seize my property without any legal basis. I do not appreciate such intimidation tactics and demand that you refrain from making false claims regarding potential legal actions. 3. Misleading Communication: I have found your communications to be misleading in conveying my rights and options as a debtor. For instance, your collection letters fail to clearly state my right to validate the debt and request verification of the original creditor. You must provide accurate and complete information, ensuring that I am properly informed of my rights under the FD CPA. 4. False or Misleading Representation about Credit Reporting: I have reason to believe that you have falsely represented the potential impact of non-payment on my credit report. Your collection activities have implied that non-payment would result in negative reporting to credit reporting agencies, despite having no intention to report my account. I request that you immediately cease any misleading or false claims regarding credit reporting. I remind you that the FD CPA prohibits debt collectors from engaging in any false, deceptive, or misleading representations or means to collect a debt. Failure to comply with this act can lead to legal consequences, including statutory damages and attorney fees. I expect you to take immediate corrective action and provide me with written confirmation that you have stopped these false or misleading misrepresentations. Additionally, I request that you provide all documentation and evidence supporting your debt claim, including a copy of the original signed agreement and a clear breakdown of any interest or fees charged. Please consider this letter as a crucial opportunity to rectify your debt collection practices. If you continue to engage in false, misleading, or deceptive tactics, I will have no choice but to take legal action to protect my rights. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]Travis Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt Dear [Debt Collector's Name/Agency], I am writing to inform you that I have become aware of false or misleading misrepresentations in your collection activities regarding the debt you claim I owe. This letter serves as a formal notification, pursuant to the Fair Debt Collection Practices Act (FD CPA), that I am aware of your use of false representation or deceptive means in attempting to collect the alleged debt. I demand that you cease these unfair, deceptive, and false practices immediately. Below, I have outlined the specific false or misleading misrepresentations I've observed during your collection activities: 1. False Statement Regarding Debt Owed: It has come to my attention that you have misrepresented the amount of the debt you claim I owe. According to my records, the amount you are stating is inaccurate or inflated. I request that you provide me with a detailed breakdown of the debt, including any interest or fees charged, to substantiate your claims. 2. False Representation of Legal Actions: Your collection activities have included false representation of legal actions against me. This includes threatening to initiate a lawsuit, garnish my wages, or seize my property without any legal basis. I do not appreciate such intimidation tactics and demand that you refrain from making false claims regarding potential legal actions. 3. Misleading Communication: I have found your communications to be misleading in conveying my rights and options as a debtor. For instance, your collection letters fail to clearly state my right to validate the debt and request verification of the original creditor. You must provide accurate and complete information, ensuring that I am properly informed of my rights under the FD CPA. 4. False or Misleading Representation about Credit Reporting: I have reason to believe that you have falsely represented the potential impact of non-payment on my credit report. Your collection activities have implied that non-payment would result in negative reporting to credit reporting agencies, despite having no intention to report my account. I request that you immediately cease any misleading or false claims regarding credit reporting. I remind you that the FD CPA prohibits debt collectors from engaging in any false, deceptive, or misleading representations or means to collect a debt. Failure to comply with this act can lead to legal consequences, including statutory damages and attorney fees. I expect you to take immediate corrective action and provide me with written confirmation that you have stopped these false or misleading misrepresentations. Additionally, I request that you provide all documentation and evidence supporting your debt claim, including a copy of the original signed agreement and a clear breakdown of any interest or fees charged. Please consider this letter as a crucial opportunity to rectify your debt collection practices. If you continue to engage in false, misleading, or deceptive tactics, I will have no choice but to take legal action to protect my rights. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]
