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Fill and Sign the Debt Collector Use Form

Fill and Sign the Debt Collector Use Form

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LETTER – FALSE THREATS Section 807 of the Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes threatening to take action the debt collector can not legally take or does not intend to take.  Wording that may constitute a threat include: o Stating an action is a possibility. o Stating that legal action has been recommended. o Representing that a third party will take action.  Examples of permissible actions a debt collector may not take unless they intend to do so: o Taking criminal action such as reporting a dishonored check. o Attaching a consumer’s tax refund. o Reporting a debt to a credit bureau. o Bringing legal action.  Examples of impermissible actions: o Contacting the consumer’s employer or other third party for a purpose other than obtaining location information. o Advising the creditor to sue where such advice would violate the state’s rules against the unauthorized practice of law. o Threatening to sue where the state’s rules forbid a debt collector from suing in their own name without first obtaining a formal assignment from the owner of the debt and that assignment has not been made. Lack of intent may be inferred if the amount of the debt is too small for the action to be feasible or when the debt collector has threatened an action their employer or the original creditor has not authorized them to take. After their first violation, write a complaint to the Federal Trade Commission (FTC) and your state attorney general’s office. Make copies of the complaint letters. If the debt collector commits a second violation, send them a copy of each complaint letter along with your second letter providing them notice of their violation. In order to have proof that your letter was mailed and delivered, send by certified or registered mail with return receipt requested. - 1 - (Your name) (Your Address) (Your City, State, Zip Code) (date) (Company name) (Contact person) (Company address) (company city, state, zip code) Re: Notice of violation of Section 807 of the Fair Debt Collection Practices Act (FDCPA) prohibiting a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of a debt: Case # . Dear Sir or Madam: I am sending you this letter to provide notice that you violated Section 807 of the FDCPA in connection with the alleged debt associated with the above mentioned case number. Section 807 of the Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes threatening to take action the debt collector can not legally take or does not intend to take. You violated the Statute as follows: It is in our mutual best interest for you to stop engaging in the above mentioned behavior. Thank you in advance for your attention to this matter. Sincerely, - 2 - (your name) (your Address) (your city, state, zip code) (date) (company name) (contact person) (company address) (company city, state, zip code) Re: Second notice of violation of Section 807 of the Fair Debt Collection Practices Act (FDCPA) prohibiting a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of a debt: Case # . Dear Sir or Madam: This is your second notice that your collection activities in attempting to collect the alleged debt, associated with the above mentioned case number, violated Section 807 of the FDCPA. Section 807 of the Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes threatening to take action the debt collector can not legally take or does not intend to take. On , I provided you notice that you violated Section 807 on by: . On , you violated Section 807 again by: . You appear to be engaged in a willful and persistent pattern of behavior rather than having made an isolated mistake. I do not have to remind you that the FDCPA provides consumers the right to bring a civil cause of action to recover damages caused by abusive, deceptive, or improper debt collection practices. It is in our mutual best interest for you to stop engaging in the above mentioned behavior. Thank you in advance for your attention to this matter. Sincerely, - 3 - Enclosures: (list complaint letters to various government authorities and agencies and enclose copies with this letter). - 4 -

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