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.
Subject: Contesting False and Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing to address an urgent matter regarding the collection activities related to a debt that you claim I owe. I am deeply concerned about the false and misleading misrepresentations that have been made in connection with this debt, specifically the deceptive means used to collect it and the false statement indicating that the entire amount of the debt is due when, in fact, it is not. As a resident of San Diego, California, I am well aware of the legal protections provided to consumers under the Fair Debt Collection Practices Act (FD CPA). This federal law prohibits debt collectors from engaging in unfair, deceptive, or abusive practices in order to collect a debt. It has come to my attention that your collection efforts have been in violation of the following FD CPA provisions: 1. False Representations: Section 807(2)(A) of the FD CPA prohibits the use of false representations or deceptive means in connection with the collection of any debt. By falsely stating that the entire amount of the debt is due when it is not, you have engaged in a deceptive practice that misleads the consumer and gives a false impression of the outstanding debt. 2. Deceptive Means: Furthermore, Section 807(10) of the FD CPA outlines that using any false representation or deceptive means to collect or attempt to collect any debt is unlawful. Your misleading statements regarding the due amount of the debt fall within this category of deceptive means, compromising the integrity of your collection activities. As a responsible consumer, I take these matters seriously and expect the same level of responsibility from debt collectors. I kindly request that you cease all collection activities related to this debt immediately. Moreover, I demand written confirmation within 14 days of receiving this letter that you have stopped all collection efforts and will no longer engage in any false or misleading misrepresentations in connection with this debt. Please note that I am well aware of my rights under the FD CPA, and any continued violations of these provisions will result in my pursuit of legal action and reporting your agency to the appropriate authorities. I also advise you to consider the potential consequences of your actions. By pursuing such deceptive collection practices, your agency risks irreparable damage to its reputation, as well as potential liability for any violations of the FD CPA. I hereby request that you address this matter promptly and in good faith. Failure to do so may result in legal action being taken against your agency. Thank you for your immediate attention to this matter. I trust that you will rectify this situation in a fair and ethical manner. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
