Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Sec. 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:
"11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose . . . ."
[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, Zip] Subject: Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Initial Communication that Debt Collector was Attempting to Collect a Debt Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading misrepresentations that have been carried out during your collection activities pertaining to the alleged debt associated with my account. Upon reviewing the initial communication received from your office, it has come to my attention that crucial information regarding the collection of the debt was not adequately disclosed, thus violating fair debt collection practices. It is imperative to note that under the Fair Debt Collection Practices Act (FD CPA), you are required to disclose in your initial communication with the debtor that you are attempting to collect a debt, as well as to provide certain information regarding the debt. However, your initial communication, dated [insert date] and received by me on [insert date], failed to disclose this information, creating an inaccurate representation of the situation. As per my rights granted by the FD CPA, I hereby request that you provide me with the following information: 1. Complete and accurate details regarding the alleged debt, including the original creditor's name, the original account number, the date the debt was incurred, and the amount claimed. 2. Proof of any assignment of the debt from the original creditor to your agency. This should include a document explicitly demonstrating your authority to collect the debt. 3. Documentation illustrating that you are licensed or authorized to collect debts in the State of Utah, specifically in the Salt Lake area. Furthermore, I demand that you immediately cease all collection activities related to this alleged debt until the requested information has been provided and verified. I expect this to be done within thirty (30) days from the date of this letter. Failure to comply with this request may result in legal action being taken against your agency for violations of the FD CPA. Please note that any future communication from your agency regarding this debt should be made in writing and sent to the address indicated above. I trust that you will act promptly and responsibly in resolving this matter. I believe that addressing this issue transparently is in the best interest of both parties involved. Furthermore, I reserve all rights and remedies available to me under the law to ensure compliance with the FD CPA. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
