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 Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Assertion of Inability to Accept Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address some concerns regarding the collection activities in relation to the alleged debt that you have been pursuing against me. After careful review of the relevant regulations and guidelines provided by the Consumer Financial Protection Bureau (CFPB), it has come to my attention that your collection practices may involve false or misleading misrepresentations, specifically regarding the acceptance of partial payments. Firstly, under the Fair Debt Collection Practices Act (FD CPA) and the Guidelines for Debt Collectors set by the CFPB, debt collectors are prohibited from using false representation or deceptive means to collect a debt. This includes misrepresenting the consequences of paying only a portion of the debt owed. However, it is evident that your collection activities have involved asserting that you cannot accept partial payments, despite my ability to do so based on my understanding of the law and the aforementioned regulations. Accordingly, I request that you immediately cease any such misleading or false representation of your ability to accept partial payments. It is my understanding that under these regulations, debt collectors are indeed able to accept partial payments, as long as it is consistent with the terms of the original agreement between the creditor and debtor. By making it clear that partial payments can be accommodated, you will align your practices with applicable laws and regulations. As a consumer, I am entitled to fair and honest treatment under the FD CPA. Any further attempts to mislead me through false representation or deceptive means will be considered a violation of my rights. I trust that you will rectify this matter promptly and take the necessary steps to ensure compliance with the law moving forward. Please be advised that any response should be in writing and directed to the address listed at the top of this letter. I expect a timely response within [the applicable timeframe under local laws]. Failure to address this matter adequately may result in the filing of a formal complaint with the appropriate regulatory bodies. Thank you for your attention to this matter, and I look forward to a prompt resolution. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Assertion of Inability to Accept Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address some concerns regarding the collection activities in relation to the alleged debt that you have been pursuing against me. After careful review of the relevant regulations and guidelines provided by the Consumer Financial Protection Bureau (CFPB), it has come to my attention that your collection practices may involve false or misleading misrepresentations, specifically regarding the acceptance of partial payments. Firstly, under the Fair Debt Collection Practices Act (FD CPA) and the Guidelines for Debt Collectors set by the CFPB, debt collectors are prohibited from using false representation or deceptive means to collect a debt. This includes misrepresenting the consequences of paying only a portion of the debt owed. However, it is evident that your collection activities have involved asserting that you cannot accept partial payments, despite my ability to do so based on my understanding of the law and the aforementioned regulations. Accordingly, I request that you immediately cease any such misleading or false representation of your ability to accept partial payments. It is my understanding that under these regulations, debt collectors are indeed able to accept partial payments, as long as it is consistent with the terms of the original agreement between the creditor and debtor. By making it clear that partial payments can be accommodated, you will align your practices with applicable laws and regulations. As a consumer, I am entitled to fair and honest treatment under the FD CPA. Any further attempts to mislead me through false representation or deceptive means will be considered a violation of my rights. I trust that you will rectify this matter promptly and take the necessary steps to ensure compliance with the law moving forward. Please be advised that any response should be in writing and directed to the address listed at the top of this letter. I expect a timely response within [the applicable timeframe under local laws]. Failure to address this matter adequately may result in the filing of a formal complaint with the appropriate regulatory bodies. Thank you for your attention to this matter, and I look forward to a prompt resolution. Sincerely, [Your Name]
