Can you spot the FDCPA violations in this Sample Debt Collection Letter ?

404 Liberty Street Trenton NJ, 08650 August 16, 2002 Creditor: McKorner Furniture $2700 Account Number. 123456789 Dear Mr. Nopay As of today you have not voluntarily responded to our efforts to collect the overdue payments on the above account. Therefore we must advise you that we have prepared a lawsuit which will be filed against you in exactly 7 days from the date of this letter if we have not heard from you within that time frame. We must also advise you that we fully intend to pursue garnishment of wages, liens against property, and the attachment of all financial assets and that the cost of these actions, the lawsuit and any statutory interest charges will be added to the amount owed above. Sincerely, Bill A. Collector

Can you spot the FDCPA violation in the above letter?

Deceptive Statements or Threats are Common FDCPA Violations:

The federal Fair Debt Collection Practices Act (FDCPA) provides that "[a] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. .". 15 U.S.C. 1692e.

Yet deceptive threats are among the most common violations of the FDCPA!

In the above letter there are four specific violations:

1. It's illegal (considered deceptive) to threaten a lawsuit in seven days when the suit will not (or cannot) be filed for several weeks;
   
2. No lawsuit was actually intended at the time it was threatened (in other words bluffing);
   
3. The threat of garnishment without mentioning exemptions that protect wages and other property from seizure; and
   
4. Suggesting that the loss of all property was inevitable.

Source: fair-debt-collection.com