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:
"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."
Dear [Debt Collector's Name], I am writing this letter to bring to your attention some concerning practices that I believe to be unfair and potentially in violation of the Fair Debt Collection Practices Act. Specifically, I am referring to your actions of taking or threatening to take nonjudicial actions against me, despite the absence of any present right or intent to exercise such rights. First and foremost, it is important to establish that I fully recognize my responsibility to address and settle any outstanding debts that I may have. However, I have recently become aware that you have been engaging in collection activities that go beyond what is permissible under the law, particularly in regard to nonjudicial actions. As stipulated by the Fair Debt Collection Practices Act, debt collectors are prohibited from asserting or threatening to assert any legal right or remedy to obtain payment unless such action would be lawful and the debt collector actually intends to take the action. Based on my understanding of the law, any nonjudicial action taken must be authorized by applicable laws or the underlying contract. It is my contention that you have taken or threatened to take nonjudicial actions where there is no present right or even an intention to exercise such rights. This not only constitutes an unfair practice but also creates significant confusion and distress on my part. Therefore, I kindly request that you cease and desist from any further actions of this nature. I urge you to review your collection activities to ensure compliance with the Fair Debt Collection Practices Act. It is vital that you refrain from making false or misleading statements to coerce or intimidate me into payment. I would appreciate prompt action regarding this matter. Please provide a written response within [number of days] to confirm your acknowledgment of these concerns and your commitment to rectify any noncompliance issues. Failure to address this issue satisfactorily may result in further action, including reporting your unfair practices to the appropriate regulatory authorities. I trust that you will take this matter seriously and ensure that future collection activities are conducted in full compliance with the law. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] Keywords: Montgomery Maryland, letter, informing, debt collector, unfair practices, collection activities, nonjudicial action, present right, intent, Fair Debt Collection Practices Act.
