Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(5) The threat to take any action that cannot legally be taken or that is not intended to be taken."
It is a violation of the Fair Debt Collection Practices Act to contact a consumer debtor's employer for a purpose other than to obtain location information.
Subject: Clark Nevada Letter — False or Misleading Representations & Employer Contact Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address some concerns regarding the collection activities related to the alleged debt you are attempting to collect. After careful review of the matter, I have found several instances where false or misleading misrepresentations were made, particularly in relation to the threat of actions that either cannot legally be taken or are not intended to be taken. Additionally, it has come to my attention that you have made unauthorized contacts with my employer. I am documenting these concerns and asserting my rights under the Fair Debt Collection Practices Act (FD CPA). 1. False or Misleading Misrepresentations: During our previous communication, which took place on [date] at approximately [time], I noticed several statements that I believe were false or misleading. These misleading representations include: — [Example 1: Provide a specific instance of a false or misleading statement and explain why it is misleading.] — [Example 2: Provide another instance of a false or misleading statement along with an explanation.] — [Example 3: Continue providing examples, if applicable.] It is my understanding that making false or misleading statements is a violation of the FD CPA (15 USC 1692e). Therefore, I request that you cease such practices immediately and provide accurate and truthful information regarding the alleged debt. 2. Threatening to Take an Illegal or Unintended Action: During our conversation on [date], you made threats of taking actions that cannot legally be taken or actions that are not intended to be taken. Such threats are expressly prohibited under the FD CPA (15 USC 1692e(5)). Specifically, you mentioned the following: — [Example 1: Describe the action that was threatened but cannot legally be taken or is not intended to be taken.] — [Example 2: Provide another instance of an illegal or unintended action that was threatened.] — [Example 3: Continue providing examples, if applicable.] I kindly request that you refrain from making any threats or taking any actions that you cannot legally pursue or do not intend to pursue. Your compliance with this request is expected and appreciated. 3. Unauthorized Contacts with my Employer: I was distressed to discover that you have made unauthorized contacts with my employer, [Company Name]. Under the FD CPA, contacting a consumer's employer without their consent or without a valid legal reason is considered harassment (15 USC 1692c(a)(3)). I have not provided my consent for such contact, nor is there a valid legal reason for involving my employer in this matter. I demand that you cease all communication with my employer immediately. Any further unauthorized contact will be seen as a willful violation of the FD CPA, and I will take appropriate legal action to protect my rights. I expect prompt action to rectify these violations and request that you provide me with a written response within 30 days of receiving this letter. The response should include: 1. A confirmation of the actions taken to stop all false or misleading representations. 2. An assurance that no further threats of illegal or unintended actions will be made. 3. Written confirmation that you will cease all communication with my employer. Please be informed that I am keeping a detailed record of all interactions, and any failure to address my concerns or any further violations will be reported to the appropriate regulatory agencies. I trust that you will take this matter seriously and act promptly to rectify the situation. I look forward to receiving your written response within the specified timeframe. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Subject: Clark Nevada Letter — False or Misleading Representations & Employer Contact Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to address some concerns regarding the collection activities related to the alleged debt you are attempting to collect. After careful review of the matter, I have found several instances where false or misleading misrepresentations were made, particularly in relation to the threat of actions that either cannot legally be taken or are not intended to be taken. Additionally, it has come to my attention that you have made unauthorized contacts with my employer. I am documenting these concerns and asserting my rights under the Fair Debt Collection Practices Act (FD CPA). 1. False or Misleading Misrepresentations: During our previous communication, which took place on [date] at approximately [time], I noticed several statements that I believe were false or misleading. These misleading representations include: — [Example 1: Provide a specific instance of a false or misleading statement and explain why it is misleading.] — [Example 2: Provide another instance of a false or misleading statement along with an explanation.] — [Example 3: Continue providing examples, if applicable.] It is my understanding that making false or misleading statements is a violation of the FD CPA (15 USC 1692e). Therefore, I request that you cease such practices immediately and provide accurate and truthful information regarding the alleged debt. 2. Threatening to Take an Illegal or Unintended Action: During our conversation on [date], you made threats of taking actions that cannot legally be taken or actions that are not intended to be taken. Such threats are expressly prohibited under the FD CPA (15 USC 1692e(5)). Specifically, you mentioned the following: — [Example 1: Describe the action that was threatened but cannot legally be taken or is not intended to be taken.] — [Example 2: Provide another instance of an illegal or unintended action that was threatened.] — [Example 3: Continue providing examples, if applicable.] I kindly request that you refrain from making any threats or taking any actions that you cannot legally pursue or do not intend to pursue. Your compliance with this request is expected and appreciated. 3. Unauthorized Contacts with my Employer: I was distressed to discover that you have made unauthorized contacts with my employer, [Company Name]. Under the FD CPA, contacting a consumer's employer without their consent or without a valid legal reason is considered harassment (15 USC 1692c(a)(3)). I have not provided my consent for such contact, nor is there a valid legal reason for involving my employer in this matter. I demand that you cease all communication with my employer immediately. Any further unauthorized contact will be seen as a willful violation of the FD CPA, and I will take appropriate legal action to protect my rights. I expect prompt action to rectify these violations and request that you provide me with a written response within 30 days of receiving this letter. The response should include: 1. A confirmation of the actions taken to stop all false or misleading representations. 2. An assurance that no further threats of illegal or unintended actions will be made. 3. Written confirmation that you will cease all communication with my employer. Please be informed that I am keeping a detailed record of all interactions, and any failure to address my concerns or any further violations will be reported to the appropriate regulatory agencies. I trust that you will take this matter seriously and act promptly to rectify the situation. I look forward to receiving your written response within the specified timeframe. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [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.
