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.
Phoenix, Arizona Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — 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 concerns I have regarding the collection activities related to my outstanding debt. I have recently discovered several false or misleading misrepresentations that have been employed by your agency, specifically in regard to falsely stating that the entire amount of my debt is due when it is not. First and foremost, I would like to clarify that I am aware of the amount owed on my account, and I understand that there is an outstanding balance that needs to be resolved. However, it has come to my attention that your agency has been engaging in deceptive means to collect this debt by misrepresenting the actual amount that is due. Upon reviewing the documentation provided by your agency, I have noticed discrepancies between the original amount owed and the sum that your collection activities have claimed to be due. This discrepancy is a cause for concern and reflects a false representation of the actual debt. This practice not only unjustly places undue financial burden on me but also violates the Fair Debt Collection Practices Act (FD CPA). I kindly request that you rectify this situation by immediately reviewing and correcting the amount stated as the total debt owed. I expect you to provide me with an accurate and itemized breakdown of all charges and fees included in the debt, ensuring that it aligns with the original agreement and any subsequent contract modifications. By doing so, it will allow for a better understanding and resolution of the outstanding balance. Furthermore, I would like to emphasize that such false or misleading misrepresentations are illegal and unethical, under both state and federal laws. It is imperative that your agency cease any deceptive practices in the collection of this debt. Failure to do so will result in further action being taken to protect my rights as a consumer. I have taken the liberty of conducting thorough research on the FD CPA's provisions related to false representation and deceptive means in debt collection activities. I am fully aware of my rights and the measures available to protect myself against illegal practices. If necessary, I will not hesitate to pursue any appropriate legal remedies to ensure compliance with the law. I trust that you will treat this matter with the urgency it deserves and act in good faith to resolve this issue promptly. Please provide a written response to this letter within 30 days, acknowledging your receipt and confirming the actions you have taken to address this concern. Thank you for your attention to this matter. I look forward to your prompt resolution. Sincerely, [Your Name]
