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 that the entire amount of a consumer's debt is due when it is not.
Dear [Debt Collector's Name], I am writing to bring to your attention some serious concerns regarding the collection activities relating to my outstanding debt. It has come to my attention that your company, [Debt Collection Agency's Name], has engaged in false or misleading misrepresentations, specifically by falsely stating that the entire amount of my debt is due when it is not. This practice, if true, is in violation of the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from using false representation or deceptive means to collect a debt. To provide context, I have been diligently attempting to resolve my financial obligations and have made regular payments according to the agreed-upon payment plan. However, despite my consistent efforts, I recently received a letter from your agency stating that the entire amount of my debt is now due. This statement contradicts the terms we had previously agreed upon, and it has caused significant distress and confusion on my part. Upon conducting thorough research, I have discovered that the FD CPA strictly prohibits debt collectors from engaging in deceptive practices or misleading misrepresentations. Section 807(10) of the FD CPA specifically mentions that it is unlawful to falsely represent the character, amount, or legal status of a debt. It is evident that by stating the entire debt is due when it is not, your agency has violated this provision. I kindly request that you rectify this misleading representation immediately. Moreover, I expect your agency to provide me with accurate and transparent information regarding the exact amount of my outstanding debt, along with an explanation as to how the false representation was made and the steps taken to rectify it. I also expect you to ensure that such practices will not be repeated in the future. Please be aware that I am well-informed of my rights under the FD CPA, and I am prepared to take appropriate legal action if necessary. I believe it is in your best interest to address this matter promptly and amicably to avoid any potential consequences. I will be awaiting your written response within [reasonable time frame, e.g., 15 days] of receipt of this letter. Failure to provide a satisfactory response will leave me with no choice but to escalate the matter to the appropriate regulatory authorities and pursue legal remedies available to me. Thank you for your immediate attention to this matter. I trust that you will handle it with the necessary seriousness it deserves. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], I am writing to bring to your attention some serious concerns regarding the collection activities relating to my outstanding debt. It has come to my attention that your company, [Debt Collection Agency's Name], has engaged in false or misleading misrepresentations, specifically by falsely stating that the entire amount of my debt is due when it is not. This practice, if true, is in violation of the Fair Debt Collection Practices Act (FD CPA), which prohibits debt collectors from using false representation or deceptive means to collect a debt. To provide context, I have been diligently attempting to resolve my financial obligations and have made regular payments according to the agreed-upon payment plan. However, despite my consistent efforts, I recently received a letter from your agency stating that the entire amount of my debt is now due. This statement contradicts the terms we had previously agreed upon, and it has caused significant distress and confusion on my part. Upon conducting thorough research, I have discovered that the FD CPA strictly prohibits debt collectors from engaging in deceptive practices or misleading misrepresentations. Section 807(10) of the FD CPA specifically mentions that it is unlawful to falsely represent the character, amount, or legal status of a debt. It is evident that by stating the entire debt is due when it is not, your agency has violated this provision. I kindly request that you rectify this misleading representation immediately. Moreover, I expect your agency to provide me with accurate and transparent information regarding the exact amount of my outstanding debt, along with an explanation as to how the false representation was made and the steps taken to rectify it. I also expect you to ensure that such practices will not be repeated in the future. Please be aware that I am well-informed of my rights under the FD CPA, and I am prepared to take appropriate legal action if necessary. I believe it is in your best interest to address this matter promptly and amicably to avoid any potential consequences. I will be awaiting your written response within [reasonable time frame, e.g., 15 days] of receipt of this letter. Failure to provide a satisfactory response will leave me with no choice but to escalate the matter to the appropriate regulatory authorities and pursue legal remedies available to me. Thank you for your immediate attention to this matter. I trust that you will handle it with the necessary seriousness it deserves. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
