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.
Houston, Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken — Contacting the Consumer's Employer [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Contacting my Employer Dear [Debt Collection Agency name], I hope this letter finds you well. I am writing to bring to your attention certain concerns regarding your collection activities related to the alleged debt I owe. I have recently become aware of certain actions on your part that I believe violate the Fair Debt Collection Practices Act (FD CPA), specifically pertaining to the falsity or misleading nature of your representations, including threats to take actions that cannot legally be taken or actions that are not intended to be taken. Additionally, I have reason to believe that you have contacted my employer regarding this debt, which is also unlawful under the FD CPA. Firstly, I wish to clarify that I am not contesting my obligation to repay any legitimate debts. However, it is my right under federal law to be treated fairly, honestly, and accurately by debt collectors like your agency. I believe you have violated several provisions of the FD CPA, as you have made false or misleading representations during the course of your collection activities. Specifically, I refer to a phone call I received from one of your representatives on [date]. This representative threatened to take legal action against me by garnishing my wages, despite the fact that garnishment is not a legal means of debt collection in the state of Texas without a court order. Such false threats can cause unnecessary distress and confusion to consumers who may not be aware of their rights. I assure you that I take this matter seriously and have sought legal counsel to understand my rights and responsibilities. Furthermore, I recently discovered that your agency contacted my employer, [Employer's Name], on [date]. I would like to bring your attention to the fact that this unauthorized disclosure of my financial situation is a clear violation of the FD CPA. It explicitly prohibits debt collectors from revealing or discussing a consumer's financial situation with anyone other than the consumer's attorney or spouse. This breach of my privacy has caused me unnecessary embarrassment and could potentially harm my reputation within my workplace. I kindly request that you refrain from any further communication with my employer or any other third parties regarding my debt. To resolve this matter, I demand that you immediately cease all misleading representations and threatening actions that are contrary to the FD CPA. Please provide me with written confirmation within [insert reasonable time frame — e.g., 10 business days] that you have ceased these collection efforts and that you will not contact my employer or any other third parties related to my debt. Failure to comply with this request will only escalate the situation and may result in further legal action being pursued. I must also remind you that all communication regarding this debt should be in writing. Contacting me via phone is not preferable, as documentation is vital for record-keeping and to ensure compliance with the FD CPA. Moving forward, I expect all future correspondence to be sent via mail to the address provided above. Thank you for your prompt attention to this matter. I trust that you will rectify the situation accordingly in order to fully comply with the FD CPA. I reserve my rights under state and federal law to pursue legal remedies should you continue to engage in deceptive or abusive collection practices. Sincerely, [Your Name]Houston, Texas Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take an Action that Cannot Legally be Taken or That is not Intended to be Taken — Contacting the Consumer's Employer [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Debt Collection Agency Name] [Debt Collection Agency Address] [City, State, ZIP Code] Subject: False or Misleading Misrepresentations in Collection Activities — Contacting my Employer Dear [Debt Collection Agency name], I hope this letter finds you well. I am writing to bring to your attention certain concerns regarding your collection activities related to the alleged debt I owe. I have recently become aware of certain actions on your part that I believe violate the Fair Debt Collection Practices Act (FD CPA), specifically pertaining to the falsity or misleading nature of your representations, including threats to take actions that cannot legally be taken or actions that are not intended to be taken. Additionally, I have reason to believe that you have contacted my employer regarding this debt, which is also unlawful under the FD CPA. Firstly, I wish to clarify that I am not contesting my obligation to repay any legitimate debts. However, it is my right under federal law to be treated fairly, honestly, and accurately by debt collectors like your agency. I believe you have violated several provisions of the FD CPA, as you have made false or misleading representations during the course of your collection activities. Specifically, I refer to a phone call I received from one of your representatives on [date]. This representative threatened to take legal action against me by garnishing my wages, despite the fact that garnishment is not a legal means of debt collection in the state of Texas without a court order. Such false threats can cause unnecessary distress and confusion to consumers who may not be aware of their rights. I assure you that I take this matter seriously and have sought legal counsel to understand my rights and responsibilities. Furthermore, I recently discovered that your agency contacted my employer, [Employer's Name], on [date]. I would like to bring your attention to the fact that this unauthorized disclosure of my financial situation is a clear violation of the FD CPA. It explicitly prohibits debt collectors from revealing or discussing a consumer's financial situation with anyone other than the consumer's attorney or spouse. This breach of my privacy has caused me unnecessary embarrassment and could potentially harm my reputation within my workplace. I kindly request that you refrain from any further communication with my employer or any other third parties regarding my debt. To resolve this matter, I demand that you immediately cease all misleading representations and threatening actions that are contrary to the FD CPA. Please provide me with written confirmation within [insert reasonable time frame — e.g., 10 business days] that you have ceased these collection efforts and that you will not contact my employer or any other third parties related to my debt. Failure to comply with this request will only escalate the situation and may result in further legal action being pursued. I must also remind you that all communication regarding this debt should be in writing. Contacting me via phone is not preferable, as documentation is vital for record-keeping and to ensure compliance with the FD CPA. Moving forward, I expect all future correspondence to be sent via mail to the address provided above. Thank you for your prompt attention to this matter. I trust that you will rectify the situation accordingly in order to fully comply with the FD CPA. I reserve my rights under state and federal law to pursue legal remedies should you continue to engage in deceptive or abusive collection practices. Sincerely, [Your Name]
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.
