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.
Title: Chicago Illinois 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 Content: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collection Agency's Name] [Contact Person's Name] [Address] [City, State, ZIP] Subject: Cease and Desist regarding False or Misleading Misrepresentations in Collection Activities and Contacting my Employer Dear [Contact Person's Name], I am writing to bring to your attention several violations by your agency in accordance with the Fair Debt Collection Practices Act (FD CPA). It has come to my attention that your collection activities concerning the alleged debt owed by me have been misleading and contain false representations. Furthermore, you have threatened to take actions that cannot legally be taken or that are not intended to be taken, specifically in relation to contacting my employer. Firstly, I would like to address the issue of false or misleading misrepresentations. According to the FD CPA, debt collectors are prohibited from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. As such, I have reason to believe that your agency has utilized such tactics during your collection efforts towards me. These actions are in direct violation of the FD CPA, and I request that you immediately cease all false or misleading misrepresentations in your collection activities. Secondly, your agency has resorted to threatening to take actions that cannot legally be taken or that are not genuinely intended to be taken. In particular, the unauthorized disclosure of information to my employer regarding the alleged debt is a clear violation of the FD CPA. The FD CPA explicitly states that a debt collector shall not communicate with any person other than the consumer or their attorney unless authorized by law or with the express permission of the consumer. It is important to note that my employer should not be held responsible or involved in any way in this matter, and I demand that you refrain from contacting them further. I must emphasize the seriousness of these violations and remind you that failure to comply with the FD CPA may result in legal action being taken against your agency, including seeking damages for any harm caused. I trust that you will rectify these violations promptly to avoid any further action from my end. Please provide a written response within [reasonable time frame], acknowledging your receipt of this letter and confirming your agency's compliance with the FD CPA guidelines. Failure to respond or continuing your collection activities in violation of the FD CPA will leave me no choice but to pursue legal remedies available to me. Thank you for your immediate attention to this matter. I expect your cooperation in resolving this issue promptly. Sincerely, [Your Name]
