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 asserting that the debt collector cannot accept partial payments when they have been authorized.
Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading representations I have observed in your collection activities pertaining to a debt allegedly owed by myself. It has come to my attention that your practices may constitute a violation of the Fair Debt Collection Practices Act (FD CPA) by using false representation or deceptive means to collect the debt in question. Firstly, I want to address your assertion that the debt collector cannot accept partial payments when in fact, they are allowed to do so. It is important to note that under the FD CPA, debt collectors are expressly permitted to accept partial payments. By falsely asserting your inability to accept partial payments, you are misleading and potentially deceiving me regarding my rights and options for addressing the outstanding debt. It is crucial to understand that such false or misleading statements not only breach the FD CPA but also undermine the trust and cooperation between a consumer and a debt collector, hindering the fair resolution of the debt. As a consumer, it is my right to receive accurate and truthful information regarding the debt collection process. I kindly request that you rectify this matter promptly. I expect you to immediately cease the use of false representation or deceptive means to collect the debt owed and ensure accurate communication going forward. Additionally, I would appreciate a written confirmation within [state reasonable timeframe, e.g., 14 days] that you have indeed corrected your practices and will comply with the FD CPA moving forward. In the absence of a satisfactory response or corrective actions, I may have no choice but to file a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, and seek legal remedies available under the FD CPA, such as statutory damages, actual damages, and attorney's fees. I trust that you will take this matter seriously and address my concerns in a prompt and diligent manner. Please feel free to contact me at [your contact information] to discuss this matter further or to provide the requested written confirmation. I eagerly await your prompt response. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Date]Dear [Debt Collector's Name], I am writing to bring to your attention certain false or misleading representations I have observed in your collection activities pertaining to a debt allegedly owed by myself. It has come to my attention that your practices may constitute a violation of the Fair Debt Collection Practices Act (FD CPA) by using false representation or deceptive means to collect the debt in question. Firstly, I want to address your assertion that the debt collector cannot accept partial payments when in fact, they are allowed to do so. It is important to note that under the FD CPA, debt collectors are expressly permitted to accept partial payments. By falsely asserting your inability to accept partial payments, you are misleading and potentially deceiving me regarding my rights and options for addressing the outstanding debt. It is crucial to understand that such false or misleading statements not only breach the FD CPA but also undermine the trust and cooperation between a consumer and a debt collector, hindering the fair resolution of the debt. As a consumer, it is my right to receive accurate and truthful information regarding the debt collection process. I kindly request that you rectify this matter promptly. I expect you to immediately cease the use of false representation or deceptive means to collect the debt owed and ensure accurate communication going forward. Additionally, I would appreciate a written confirmation within [state reasonable timeframe, e.g., 14 days] that you have indeed corrected your practices and will comply with the FD CPA moving forward. In the absence of a satisfactory response or corrective actions, I may have no choice but to file a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, and seek legal remedies available under the FD CPA, such as statutory damages, actual damages, and attorney's fees. I trust that you will take this matter seriously and address my concerns in a prompt and diligent manner. Please feel free to contact me at [your contact information] to discuss this matter further or to provide the requested written confirmation. I eagerly await your prompt response. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Date]
