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.
[Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Notice of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing this letter to inform you of the false or misleading misrepresentations made by your agency in its collection activities regarding [insert specific debt]. According to the Fair Debt Collection Practices Act (FD CPA), 15 U.S.C. § 1692, debt collectors are prohibited from using false representation or deceptive means to collect a debt. Recently, I received communication from your agency regarding the outstanding debt mentioned above. Upon reviewing the content of your correspondence, I have identified the following false or misleading misrepresentations: 1. Assertion of Inability to Accept Partial Payments: Your agency claimed that it cannot accept partial payments towards the debt, implying that I must pay the full amount immediately. However, my research and understanding of the FD CPA indicate that debt collectors are legally allowed to accept partial payments, especially when it is the most reasonable repayment option for the debtor. By falsely asserting that you cannot accept partial payments, your agency is attempting to mislead and coerce me into making a lump sum payment, which may not be financially feasible for me at this time. This misleading representation violates the FD CPA and infringes upon my rights as a debtor. I request that you cease making false or misleading statements about your ability to accept partial payments and correct any other misleading information or practices associated with your collection activities involving the mentioned debt. It is essential that your agency ensures full compliance with federal laws governing debt collection. Failure to rectify these false or misleading representations and cease such activities may result in legal action being taken against your agency for violations of the FD CPA. I expect a prompt response from your agency within [specify a reasonable time frame] regarding the actions you will take to address these concerns. Additionally, I require written confirmation that my account has been updated to reflect the accurate and lawful details surrounding payment options for the outstanding debt. Please note that I am fully aware of my rights as a debtor, and I am committed to pursuing any necessary legal avenues to protect them. I trust that you will handle this matter with due diligence and resolve it appropriately. Thank you for your attention to this matter. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Notice of False or Misleading Misrepresentations in Collection Activities Dear [Debt Collector's Name], I am writing this letter to inform you of the false or misleading misrepresentations made by your agency in its collection activities regarding [insert specific debt]. According to the Fair Debt Collection Practices Act (FD CPA), 15 U.S.C. § 1692, debt collectors are prohibited from using false representation or deceptive means to collect a debt. Recently, I received communication from your agency regarding the outstanding debt mentioned above. Upon reviewing the content of your correspondence, I have identified the following false or misleading misrepresentations: 1. Assertion of Inability to Accept Partial Payments: Your agency claimed that it cannot accept partial payments towards the debt, implying that I must pay the full amount immediately. However, my research and understanding of the FD CPA indicate that debt collectors are legally allowed to accept partial payments, especially when it is the most reasonable repayment option for the debtor. By falsely asserting that you cannot accept partial payments, your agency is attempting to mislead and coerce me into making a lump sum payment, which may not be financially feasible for me at this time. This misleading representation violates the FD CPA and infringes upon my rights as a debtor. I request that you cease making false or misleading statements about your ability to accept partial payments and correct any other misleading information or practices associated with your collection activities involving the mentioned debt. It is essential that your agency ensures full compliance with federal laws governing debt collection. Failure to rectify these false or misleading representations and cease such activities may result in legal action being taken against your agency for violations of the FD CPA. I expect a prompt response from your agency within [specify a reasonable time frame] regarding the actions you will take to address these concerns. Additionally, I require written confirmation that my account has been updated to reflect the accurate and lawful details surrounding payment options for the outstanding debt. Please note that I am fully aware of my rights as a debtor, and I am committed to pursuing any necessary legal avenues to protect them. I trust that you will handle this matter with due diligence and resolve it appropriately. Thank you for your attention to this matter. Sincerely, [Your Name]
