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, and the failure to disclose in subsequent communications that the communication is from a debt collector . . . ."
The Harris Texas Second Notice is a legal document designed to address false or misleading misrepresentations made by debt collectors during collection activities. It specifically focuses on the failure to disclose to the debtor in subsequent communication that the letter requesting information regarding an alleged debt was from a debt collector. This notice aims to protect the debtor's rights and provide recourse for any deceptive practices. Keywords: Harris Texas, second notice, debt collector, false or misleading misrepresentations, collection activities, failure to disclose, subsequent communication, letter requesting information, alleged debt. Different types of Harris Texas Second Notice to Debt Collector of False or Misleading Misrepresentations in Collection Activities — Failure to Disclose to Debtor in Subsequent Communication that Letter Requesting Information Regarding Alleged Debt was from a Debt Collector may include: 1. Standard Second Notice: This is the typical notice sent to debt collectors, informing them about their violations and requesting corrective actions regarding the failure to disclose the true sender of the letter requesting debt information. 2. Cease and Desist Second Notice: In certain cases, the debtor may choose to send a more assertive notice demanding an immediate cease and desist of all collection activities until the debt collector complies with the disclosure requirements. 3. Formal Complaint Second Notice: If the debt collector persists in their misleading practices despite receiving the initial notice, the debtor can escalate the matter by filing a formal complaint with the appropriate authorities or regulatory bodies. Regardless of the specific type of Harris Texas Second Notice, it serves as a powerful tool for debtors to assert their rights and hold debt collectors accountable for their deceptive practices.
