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.
Philadelphia, Pennsylvania — Letter Informing Debt Collector of Harassment or 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 Dear [Debt Collector's Name], I am writing to you in regard to the collection activities involving my outstanding debt. It has come to my attention that there have been instances of harassment and abuse in your collection efforts, specifically involving threats to use violence or other criminal means to harm my physical person, reputation, and/or property. This letter serves as a formal notice of these illegal activities and a demand for immediate cessation. First and foremost, I want to reiterate my commitment to resolving my financial obligations and working out a feasible repayment plan with your agency. However, the collection tactics employed by your representatives have not only crossed legal boundaries but have also caused me distress and anxiety. I do not believe such actions can be justified under any circumstances. Under the Fair Debt Collection Practices Act (FD CPA) and the laws of the state of Pennsylvania, debt collectors are prohibited from engaging in any abusive, deceptive, or unfair practices. Specifically, Section 806(1) of the FD CPA lays out that using threats of violence or harm is strictly forbidden during debt collection activities. It is important to note that I have documented instances where your collection agents have verbally threatened physical harm, damage to my reputation, and destruction of my property if I fail to meet their demands immediately. Such behavior is unacceptable, unlawful, and must cease immediately. Furthermore, these threats have had a severe impact on my emotional and mental well-being. This letter serves as both a formal complaint and a request for immediate action. I kindly ask you to investigate these allegations promptly and ensure that the appropriate measures are taken to rectify the situation. I expect that your agency will conduct a thorough review of the conduct of your employees involved and take necessary disciplinary action to prevent such misconduct in the future. Additionally, I would appreciate it if you could provide me with a written response within [number of days as per state law] acknowledging the receipt of this complaint and outlining the actions you plan to take in response. This will allow me to consider any further steps I may need to take to protect my rights and seek legal recourse if necessary. In conclusion, I urge you to take the necessary steps to rectify this situation immediately. Any further harassment, abuse, or threats by your agency or its representatives will be reported to the appropriate authorities, and I reserve the right to pursue legal remedies available to me under the FD CPA, state consumer protection laws, and civil court. Thank you for your immediate attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]
