Section 806 of the Fair Debt Collection Practices Act states in part that a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. One example of such activity involves using threats (including implied threats), violence, or other criminal means to harm anyone's reputation, property, or physical person.
Title: San Jose, California: Letter to Inform Debt Collector of Harassment and Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor Subject Line: Urgent Complaint of Harassment and Abuse by Debt Collector: Violation of California Law Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your immediate attention a serious matter regarding your collection activities concerning my outstanding debt. Regrettably, despite my previous attempts to resolve this matter amicably, it has come to my attention that your actions have crossed legal boundaries and breached the ethical guidelines set forth by both the Fair Debt Collection Practices Act (FD CPA) and California state laws. I am currently residing in San Jose, California, and according to the laws governing debt collection within this jurisdiction, your conduct constitutes harassment, abuse, and unfair practices. As a debtor, I have the legal right to be treated with respect and dignity, which includes being free from threats to my physical person, reputation, and property. The specific instances of harassment, abuse, and potential criminal activities committed by your debt collection agency are as follows: 1. Threats of Violence: I have received disturbing phone calls from your representatives, during which they have made explicit threats of physical harm, both toward me personally and to my property. I remind you that under California law, any threats of violence are strictly prohibited and carry severe legal consequences. 2. Intimidation Tactics: Your collection agents have employed aggressive, abusive, and intimidating behavior during our conversations, aiming to cause emotional distress and coerce payment. This goes against the California Rosenthal Fair Debt Collection Practices Act, which prohibits abusive actions by debt collectors. 3. Damaging My Reputation: Your debt collection agency, without due cause or permission, has disclosed my personal financial information to unauthorized individuals, thereby jeopardizing my reputation and violating my privacy rights. As the debtor in this case, I expect immediate resolution and a swift cessation of your illegal collection activities. Failure to comply with this demand will result in the reporting of your actions to the appropriate regulatory bodies and legal authorities. I retain the right to seek legal remedies and compensation for any damages suffered as a result of your harassment. Please be aware that any and all further communication should be directed solely through written means, as I am explicitly invoking my right pursuant to the FD CPA to request that all future communication be in writing only. I kindly request that you confirm in writing the receipt and understanding of this letter, along with assurances that your establishment will promptly address and rectify these violations. Your cooperation in resolving this matter is expected within [reasonable timeframe, e.g., 14 business days]. Failure to comply will leave me with no choice but to take further legal action to protect my rights and seek compensation for damages. Thank you for your immediate attention to this sensitive matter, and I trust that you will handle it with utmost professionalism and in compliance with both state and federal laws. Yours sincerely, [Your Full Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Title: San Jose, California: Letter to Inform Debt Collector of Harassment and Abuse in Collection Activities Involving Threats to Use Violence or other Criminal Means to Harm the Physical Person, Reputation, and/or Property of the Debtor Subject Line: Urgent Complaint of Harassment and Abuse by Debt Collector: Violation of California Law Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to bring to your immediate attention a serious matter regarding your collection activities concerning my outstanding debt. Regrettably, despite my previous attempts to resolve this matter amicably, it has come to my attention that your actions have crossed legal boundaries and breached the ethical guidelines set forth by both the Fair Debt Collection Practices Act (FD CPA) and California state laws. I am currently residing in San Jose, California, and according to the laws governing debt collection within this jurisdiction, your conduct constitutes harassment, abuse, and unfair practices. As a debtor, I have the legal right to be treated with respect and dignity, which includes being free from threats to my physical person, reputation, and property. The specific instances of harassment, abuse, and potential criminal activities committed by your debt collection agency are as follows: 1. Threats of Violence: I have received disturbing phone calls from your representatives, during which they have made explicit threats of physical harm, both toward me personally and to my property. I remind you that under California law, any threats of violence are strictly prohibited and carry severe legal consequences. 2. Intimidation Tactics: Your collection agents have employed aggressive, abusive, and intimidating behavior during our conversations, aiming to cause emotional distress and coerce payment. This goes against the California Rosenthal Fair Debt Collection Practices Act, which prohibits abusive actions by debt collectors. 3. Damaging My Reputation: Your debt collection agency, without due cause or permission, has disclosed my personal financial information to unauthorized individuals, thereby jeopardizing my reputation and violating my privacy rights. As the debtor in this case, I expect immediate resolution and a swift cessation of your illegal collection activities. Failure to comply with this demand will result in the reporting of your actions to the appropriate regulatory bodies and legal authorities. I retain the right to seek legal remedies and compensation for any damages suffered as a result of your harassment. Please be aware that any and all further communication should be directed solely through written means, as I am explicitly invoking my right pursuant to the FD CPA to request that all future communication be in writing only. I kindly request that you confirm in writing the receipt and understanding of this letter, along with assurances that your establishment will promptly address and rectify these violations. Your cooperation in resolving this matter is expected within [reasonable timeframe, e.g., 14 business days]. Failure to comply will leave me with no choice but to take further legal action to protect my rights and seek compensation for damages. Thank you for your immediate attention to this sensitive matter, and I trust that you will handle it with utmost professionalism and in compliance with both state and federal laws. Yours sincerely, [Your Full Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
