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.
Title: San Jose California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Asserting that the Debt Collector Cannot Accept Partial Payments When They Can Content: [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, Zip Code] Subject: Notice of False or Misleading Misrepresentations in Collection Activities and Assertion of Ability to Make Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring your attention to certain practices that I believe may amount to false or misleading misrepresentations in your debt collection activities and to assert my rights in making partial payments towards the debt owed. I recently received multiple communications from your agency regarding the collection of a debt allegedly owed by me. In several instances, your representatives have made statements or assertions that I believe to be deceptive or untrue. These actions are in violation of the Fair Debt Collection Practices Act (FD CPA), as well as the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). Firstly, it has come to my attention that your debt collectors have been engaging in false representation or deceptive means to collect the debt owed. Specifically, your representatives have stated that I am unable to make partial payments towards the debt, creating a false sense of urgency and demanding full payment immediately. However, according to my knowledge and rights provided under the law, I am well within my rights to offer and make partial payments towards the debt in question. To ensure there is no misunderstanding, I would like to inform you that I am genuinely interested in resolving this debt. However, due to my current financial situation, making a lump sum payment is not feasible at the moment. Therefore, I am offering to make regular, partial payments to demonstrate my commitment toward repaying the debt. As per the FD CPA and RFD CPA, I demand that you cease all false representations or misleading misrepresentations in your collection activities. This includes any further communication that asserts the inability to accept partial payments from debtors. Failure to comply with these requirements may result in legal actions being taken against your agency. Please provide me with a written confirmation of the receipt of this letter and a statement acknowledging your compliance with my demands within 15 days from the date of receiving this letter. Failure to respond or continued violation of the FD CPA and RFD CPA will leave me with no choice but to seek legal remedies available to me under these laws. I trust that you will promptly rectify this matter and uphold the lawful practices required of debt collectors. Your cooperation in this regard is greatly appreciated. Yours sincerely, [Your Name]Title: San Jose California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Using False Representation or Deceptive Means to Collect a Debt — Asserting that the Debt Collector Cannot Accept Partial Payments When They Can Content: [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, Zip Code] Subject: Notice of False or Misleading Misrepresentations in Collection Activities and Assertion of Ability to Make Partial Payments Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring your attention to certain practices that I believe may amount to false or misleading misrepresentations in your debt collection activities and to assert my rights in making partial payments towards the debt owed. I recently received multiple communications from your agency regarding the collection of a debt allegedly owed by me. In several instances, your representatives have made statements or assertions that I believe to be deceptive or untrue. These actions are in violation of the Fair Debt Collection Practices Act (FD CPA), as well as the California Rosenthal Fair Debt Collection Practices Act (RFD CPA). Firstly, it has come to my attention that your debt collectors have been engaging in false representation or deceptive means to collect the debt owed. Specifically, your representatives have stated that I am unable to make partial payments towards the debt, creating a false sense of urgency and demanding full payment immediately. However, according to my knowledge and rights provided under the law, I am well within my rights to offer and make partial payments towards the debt in question. To ensure there is no misunderstanding, I would like to inform you that I am genuinely interested in resolving this debt. However, due to my current financial situation, making a lump sum payment is not feasible at the moment. Therefore, I am offering to make regular, partial payments to demonstrate my commitment toward repaying the debt. As per the FD CPA and RFD CPA, I demand that you cease all false representations or misleading misrepresentations in your collection activities. This includes any further communication that asserts the inability to accept partial payments from debtors. Failure to comply with these requirements may result in legal actions being taken against your agency. Please provide me with a written confirmation of the receipt of this letter and a statement acknowledging your compliance with my demands within 15 days from the date of receiving this letter. Failure to respond or continued violation of the FD CPA and RFD CPA will leave me with no choice but to seek legal remedies available to me under these laws. I trust that you will promptly rectify this matter and uphold the lawful practices required of debt collectors. Your cooperation in this regard is greatly appreciated. Yours sincerely, [Your Name]
