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 . . . ."
Title: Santa Clara California Letter Informing Debt Collector of False or Misleading Misrepresentations: Failure to Disclose Debt Collection Efforts Introduction: In Santa Clara, California, individuals have rights and protections when it comes to dealing with debt collectors. One such protection is the ability to address false or misleading misrepresentations made by debt collectors, especially in cases where they fail to disclose their intentions during the initial communication. This letter aims to inform and rectify the situation by notifying the debt collector of their violation and requesting appropriate measures to be taken. Keywords: Santa Clara California, debt collector, false or misleading misrepresentations, initial communication, debt collection, failure to disclose, debtor rights, violation, notification Content: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Collection Agency Address] [City, State, ZIP Code] Subject: Notice of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose Collection Attempts Dear [Debt Collection Agency Name], I am writing to bring to your attention the false or misleading misrepresentations made by your agency in relation to the collection efforts concerning the alleged debt on behalf of [Creditor's Name]. It has come to my attention that you failed to disclose in your initial communication, dated [Date of Initial Communication], that you were attempting to collect a debt. This omission is a direct violation of the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA), which protect consumer rights in debt collection scenarios. As an informed resident of Santa Clara, California, I am aware that debt collectors are required by law to provide accurate, truthful, and non-misleading information in their communications with debtors. This includes clearly disclosing their intent to collect a debt right from the start. By failing to disclose this crucial information in the initial communication, you have violated my rights as a debtor and my ability to make informed decisions regarding the alleged debt. I hereby request that you take immediate action to rectify this violation. I expect a written acknowledgment from your agency within 15 days of receiving this letter, confirming that you acknowledge the violation committed and that you will cease all collection activities related to the alleged debt. Furthermore, I request that you provide me with copies of any documentation related to the alleged debt, including the original loan agreement or contract, proof of ownership or assignment of the debt, and any other supporting documentation. It is imperative that I fully understand the basis of the alleged debt before proceeding with any further discussions. Please note that failure to appropriately address this matter within the allotted timeframe may result in me taking further legal action to protect my rights and seek remedies available to me under the FD CPA, the RFD CPA, and California laws. I trust that you will handle this matter with the utmost professionalism and promptly respond to my request. I look forward to receiving your written acknowledgment and the requested documentation as soon as possible. Thank you for your immediate attention to this matter. Sincerely, [Your Name]Title: Santa Clara California Letter Informing Debt Collector of False or Misleading Misrepresentations: Failure to Disclose Debt Collection Efforts Introduction: In Santa Clara, California, individuals have rights and protections when it comes to dealing with debt collectors. One such protection is the ability to address false or misleading misrepresentations made by debt collectors, especially in cases where they fail to disclose their intentions during the initial communication. This letter aims to inform and rectify the situation by notifying the debt collector of their violation and requesting appropriate measures to be taken. Keywords: Santa Clara California, debt collector, false or misleading misrepresentations, initial communication, debt collection, failure to disclose, debtor rights, violation, notification Content: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Collection Agency Address] [City, State, ZIP Code] Subject: Notice of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose Collection Attempts Dear [Debt Collection Agency Name], I am writing to bring to your attention the false or misleading misrepresentations made by your agency in relation to the collection efforts concerning the alleged debt on behalf of [Creditor's Name]. It has come to my attention that you failed to disclose in your initial communication, dated [Date of Initial Communication], that you were attempting to collect a debt. This omission is a direct violation of the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act (RFD CPA), which protect consumer rights in debt collection scenarios. As an informed resident of Santa Clara, California, I am aware that debt collectors are required by law to provide accurate, truthful, and non-misleading information in their communications with debtors. This includes clearly disclosing their intent to collect a debt right from the start. By failing to disclose this crucial information in the initial communication, you have violated my rights as a debtor and my ability to make informed decisions regarding the alleged debt. I hereby request that you take immediate action to rectify this violation. I expect a written acknowledgment from your agency within 15 days of receiving this letter, confirming that you acknowledge the violation committed and that you will cease all collection activities related to the alleged debt. Furthermore, I request that you provide me with copies of any documentation related to the alleged debt, including the original loan agreement or contract, proof of ownership or assignment of the debt, and any other supporting documentation. It is imperative that I fully understand the basis of the alleged debt before proceeding with any further discussions. Please note that failure to appropriately address this matter within the allotted timeframe may result in me taking further legal action to protect my rights and seek remedies available to me under the FD CPA, the RFD CPA, and California laws. I trust that you will handle this matter with the utmost professionalism and promptly respond to my request. I look forward to receiving your written acknowledgment and the requested documentation as soon as possible. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
