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."
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, ZIP Code] Re: Unfair Practices in Collection Activities — Nonjudicial Actions without Present Right or Intent Dear [Debt Collector's Name], I am writing this letter to express my concern and formally inform you of unfair and potentially unlawful practices employed by your agency during the collection of a debt. These actions specifically pertain to instances where you have either taken or threatened to take nonjudicial actions without any present right or intent to exercise such rights, as prohibited by the Fair Debt Collection Practices Act (FD CPA) under 15 U.S.C. § 1692f. As a resident of San Jose, California, I am aware of the rights and protection afforded to me under state and federal laws concerning debt collection activities. It has come to my attention that your agency has engaged in the following practices, which I consider to be unjust and in violation of the FD CPA: 1. Taking Nonjudicial Actions Without Present Right: a. The initiation of legal proceedings, such as filing a lawsuit or threatening to do so, without possessing the appropriate legal authority or proper documentation to support your claim of debt ownership or authorization to initiate legal actions. b. Initiating foreclosure proceedings or threatening to foreclose on my property without a valid lien or security interest. 2. Threatening to Take Nonjudicial Actions Without Present Right or Intent: a. Using deceptive language or making false representations in collection communications to create a false sense of urgency, signaling the immediate intent to initiate nonjudicial actions (e.g., repossession, wage garnishment, property seizure) when no such intent exists. b. Threatening to report inaccurate information to consumer reporting agencies or making baseless threats of damaging my credit score unless I comply with your demands. It is important to note that these actions, if proven, not only violate the FD CPA but also infringe upon my rights as a consumer to fair, honest, and non-abusive debt collection practices. Such actions are harmful, cause unnecessary distress, and can result in significant financial and emotional harm. I demand that your agency ceases all unfair collection activities, including any nonjudicial actions, without a valid present right or intent to exercise such rights, immediately. Failure to do so will leave me no choice but to pursue legal remedies available to me under the FD CPA, including but not limited to reporting your agency's practices to the appropriate regulatory authorities, filing a complaint with the Federal Trade Commission, and seeking damages through a private legal action. I also request that all future communications from your agency regarding this debt be made in writing. Any further phone calls or attempts to contact me by phone will be considered a violation of the FD CPA and will be documented and reported accordingly. Please confirm in writing within [15 days from the date of this letter] that you have ceased all unfair collection activities and will refrain from taking any nonjudicial action without a present right or intent to exercise such rights. Failure to provide a satisfactory response may leave me with no choice but to seek appropriate legal recourse. Your immediate attention to this matter is greatly appreciated. Please be advised that all future communications must be in writing and sent to the address indicated above. Your cooperation in resolving this issue promptly will be regarded as an indication of your willingness to comply with the FD CPA. Thank you for your prompt attention to this matter. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Address] [City, State, ZIP Code] Re: Unfair Practices in Collection Activities — Nonjudicial Actions without Present Right or Intent Dear [Debt Collector's Name], I am writing this letter to express my concern and formally inform you of unfair and potentially unlawful practices employed by your agency during the collection of a debt. These actions specifically pertain to instances where you have either taken or threatened to take nonjudicial actions without any present right or intent to exercise such rights, as prohibited by the Fair Debt Collection Practices Act (FD CPA) under 15 U.S.C. § 1692f. As a resident of San Jose, California, I am aware of the rights and protection afforded to me under state and federal laws concerning debt collection activities. It has come to my attention that your agency has engaged in the following practices, which I consider to be unjust and in violation of the FD CPA: 1. Taking Nonjudicial Actions Without Present Right: a. The initiation of legal proceedings, such as filing a lawsuit or threatening to do so, without possessing the appropriate legal authority or proper documentation to support your claim of debt ownership or authorization to initiate legal actions. b. Initiating foreclosure proceedings or threatening to foreclose on my property without a valid lien or security interest. 2. Threatening to Take Nonjudicial Actions Without Present Right or Intent: a. Using deceptive language or making false representations in collection communications to create a false sense of urgency, signaling the immediate intent to initiate nonjudicial actions (e.g., repossession, wage garnishment, property seizure) when no such intent exists. b. Threatening to report inaccurate information to consumer reporting agencies or making baseless threats of damaging my credit score unless I comply with your demands. It is important to note that these actions, if proven, not only violate the FD CPA but also infringe upon my rights as a consumer to fair, honest, and non-abusive debt collection practices. Such actions are harmful, cause unnecessary distress, and can result in significant financial and emotional harm. I demand that your agency ceases all unfair collection activities, including any nonjudicial actions, without a valid present right or intent to exercise such rights, immediately. Failure to do so will leave me no choice but to pursue legal remedies available to me under the FD CPA, including but not limited to reporting your agency's practices to the appropriate regulatory authorities, filing a complaint with the Federal Trade Commission, and seeking damages through a private legal action. I also request that all future communications from your agency regarding this debt be made in writing. Any further phone calls or attempts to contact me by phone will be considered a violation of the FD CPA and will be documented and reported accordingly. Please confirm in writing within [15 days from the date of this letter] that you have ceased all unfair collection activities and will refrain from taking any nonjudicial action without a present right or intent to exercise such rights. Failure to provide a satisfactory response may leave me with no choice but to seek appropriate legal recourse. Your immediate attention to this matter is greatly appreciated. Please be advised that all future communications must be in writing and sent to the address indicated above. Your cooperation in resolving this issue promptly will be regarded as an indication of your willingness to comply with the FD CPA. Thank you for your prompt attention to this matter. Sincerely, [Your Name]
