Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692f, provides, in part, as follows:
"A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."
Title: Franklin Ohio Letter Informing Debt Collector of Unfair Practices in Collection Activities — Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law Introduction: This comprehensive letter aims to address the issue of unfair debt collection practices, specifically focusing on the unauthorized collection of an amount by a debt collector based in Franklin, Ohio. By sending this letter to the debt collector, individuals can assert their rights and challenge improper debt collection activities. Keywords: Franklin Ohio, letter, informing, debt collector, unfair practices, collection activities, unauthorized amount, agreement, creating, debt, law. I. Essential Details and Heading: — Full Name— - Mailing Address: - City: - State: — ZIP Code— - Date: II. Recipient Information: — Debt Collector's Full Name— - Collection Agency's Name (if applicable): — Mailing Address— - City: - State: - ZIP Code: III. Salutation: — Dear [Debt Collector's Full Name], IV. Opening Paragraph: — State that you are writing with regard to the debt collection activities currently undertaken by the debt collector in Franklin, Ohio. — Identify yourself as the individual who owes the debt and provide any relevant account or reference numbers. — Express your concern about the apparent unauthorized collection practices used by the debt collector. V. Body of the Letter: 1. Unfair Practices: — Explain in detail the specific unfair practice in collection activities you have observed, which is the unauthorized collection of an amount not authorized by the agreement creating the debt or by law. — Provide any evidence or documentation supporting your claim, such as copies of previous communication, billing statements, or an agreement outlining the debt terms. — If there were any fees, penalties, or charges added to the amount due, which were not agreed upon, emphasize this in your explanation. 2. Legal Rights: — Mention your awareness of the federal and state laws that govern debt collection practices, such as the Fair Debt Collection Practices Act (FD CPA) or Ohio's debt collection laws (cite specific statutes and regulations if known). — Highlight the specific clause or provision within these laws that forbids the collection of unauthorized amounts. — Emphasize that you are well-informed about your rights and intend to exercise them if the unfair practices continue. 3. Request for Immediate Action: — Demand that the debt collector immediately cease any further collection activity regarding the unauthorized amount. — Request a written response within a specified timeframe (e.g., 15 days) acknowledging the receipt of your letter and confirming their commitment to stop collecting the unauthorized amount. — State that failure to comply with these demands may result in legal action, reporting the collector to regulatory bodies, or filing a complaint. VI. Closing: — Express your expectation of prompt action and resolution regarding the matter. — Thank the debt collector for their attention to this serious issue. — Sincerely or Respectfully yours— - Your Full Name VII. Enclosures: — Attach copies of any supporting documents mentioned in the body of the letter. — Keep copies of the entire letter, including enclosures, for your records. Types of Franklin Ohio Letter Informing Debt Collector of Unfair Practices in Collection Activities: — Type 1: Collecting an Amount Contrary to the Agreement Creating the Debt. — Type 2: Collecting an Amount not Authorized by Law. — Type 3: Collecting Unauthorized Fees, Penalties, or Charges.Title: Franklin Ohio Letter Informing Debt Collector of Unfair Practices in Collection Activities — Collecting an Amount not Authorized by the Agreement Creating the Debt or by Law Introduction: This comprehensive letter aims to address the issue of unfair debt collection practices, specifically focusing on the unauthorized collection of an amount by a debt collector based in Franklin, Ohio. By sending this letter to the debt collector, individuals can assert their rights and challenge improper debt collection activities. Keywords: Franklin Ohio, letter, informing, debt collector, unfair practices, collection activities, unauthorized amount, agreement, creating, debt, law. I. Essential Details and Heading: — Full Name— - Mailing Address: - City: - State: — ZIP Code— - Date: II. Recipient Information: — Debt Collector's Full Name— - Collection Agency's Name (if applicable): — Mailing Address— - City: - State: - ZIP Code: III. Salutation: — Dear [Debt Collector's Full Name], IV. Opening Paragraph: — State that you are writing with regard to the debt collection activities currently undertaken by the debt collector in Franklin, Ohio. — Identify yourself as the individual who owes the debt and provide any relevant account or reference numbers. — Express your concern about the apparent unauthorized collection practices used by the debt collector. V. Body of the Letter: 1. Unfair Practices: — Explain in detail the specific unfair practice in collection activities you have observed, which is the unauthorized collection of an amount not authorized by the agreement creating the debt or by law. — Provide any evidence or documentation supporting your claim, such as copies of previous communication, billing statements, or an agreement outlining the debt terms. — If there were any fees, penalties, or charges added to the amount due, which were not agreed upon, emphasize this in your explanation. 2. Legal Rights: — Mention your awareness of the federal and state laws that govern debt collection practices, such as the Fair Debt Collection Practices Act (FD CPA) or Ohio's debt collection laws (cite specific statutes and regulations if known). — Highlight the specific clause or provision within these laws that forbids the collection of unauthorized amounts. — Emphasize that you are well-informed about your rights and intend to exercise them if the unfair practices continue. 3. Request for Immediate Action: — Demand that the debt collector immediately cease any further collection activity regarding the unauthorized amount. — Request a written response within a specified timeframe (e.g., 15 days) acknowledging the receipt of your letter and confirming their commitment to stop collecting the unauthorized amount. — State that failure to comply with these demands may result in legal action, reporting the collector to regulatory bodies, or filing a complaint. VI. Closing: — Express your expectation of prompt action and resolution regarding the matter. — Thank the debt collector for their attention to this serious issue. — Sincerely or Respectfully yours— - Your Full Name VII. Enclosures: — Attach copies of any supporting documents mentioned in the body of the letter. — Keep copies of the entire letter, including enclosures, for your records. Types of Franklin Ohio Letter Informing Debt Collector of Unfair Practices in Collection Activities: — Type 1: Collecting an Amount Contrary to the Agreement Creating the Debt. — Type 2: Collecting an Amount not Authorized by Law. — Type 3: Collecting Unauthorized Fees, Penalties, or Charges.
