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:
"(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person . . . ."
Nassau New York: Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Arrest or Imprisonment of any Person Dear [Debt Collector's Name], I am writing to bring to your attention some false or misleading misrepresentations that have occurred in your collection activities concerning my outstanding debt. Specifically, I have recently become aware that your company has been falsely representing that nonpayment of my debt will result in the arrest or imprisonment of any person associated with the debt. This alarming and deceptive claim has caused significant distress and concern for me and my family. As a resident of Nassau, New York, I understand that debt collection practices must adhere to federal and state laws, including the Fair Debt Collection Practices Act (FD CPA). The FD CPA establishes guidelines to protect consumers from deceptive and abusive debt collection practices. Section 807 of the FD CPA explicitly prohibits debt collectors from making false or misleading representations regarding the legal consequences of nonpayment of a debt. Under this provision, falsely claiming that nonpayment of a debt will lead to the arrest or imprisonment of any person, including myself, is a violation of the law. Such misrepresentations are not only unethical but also cause unnecessary distress and anxiety to an already challenging financial situation. I hereby request that you immediately cease all further communication regarding my debt containing such false or misleading representations. Please note that any continuation of this deceptive practice will be met with appropriate legal action, as I am fully prepared to avail myself of the rights afforded to me by the FD CPA. It is important to reiterate that my intention is to fulfill my financial obligations and resolve this debt responsibly. However, it is absolutely imperative that collection activities are conducted in a lawful and honest manner. Therefore, I kindly request that you provide written confirmation within 30 days from the receipt of this letter stating that you have ceased representing that nonpayment of any debt will result in the arrest or imprisonment of any person associated with the debt. In case you require any further information or documentation, please do not hesitate to contact me at the provided address or phone number. I expect your prompt attention to this matter and trust that you will rectify your collection practices complying with the FD CPA. Thank you for your immediate attention and cooperation in resolving this matter. Sincerely, [Your Name] Keywords: Nassau New York, debt collector, false or misleading misrepresentations, collection activities, nonpayment of debt, arrest, imprisonment, Fair Debt Collection Practices Act, FD CPA, violations, cease communication, written confirmation, deceptive practices, responsible manner, legal action, distress, financial situation.
