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: Protecting Consumer Rights: Mecklenburg North Carolina Letter Informing Debt Collectors of False or Misleading Misrepresentations in Collection Activities Introduction: In Mecklenburg, North Carolina, consumers have specific rights when dealing with debt collectors who engage in false or misleading collection practices. This letter template is designed to inform debt collectors of their illegal actions, specifically those related to threatening to take an action that cannot legally be taken or is not intended to be taken — such as contacting the consumer's employer. By utilizing this letter, individuals can assert their rights, discourage unlawful collection activities, and protect their privacy. Content: I. Introduction — Briefly explain the intention of the letter, which is to address false or misleading misrepresentations made by debt collectors. II. Consumer Information — Provide the consumer's full name, address, phone number, and email address. — Include any additional relevant identification details, such as the debt collectors' account number or reference information. III. Debtor identification information — Clearly identify the debt collector, their company name, address, phone number, and any relevant account or reference numbers associated with the debt. IV. False or Misleading Misrepresentations — Clearly state the specific actions carried out by the debt collector that are false or misleading, such as threats to take illegal actions or actions not intended to be taken. — Explain how these misrepresentations violate the Fair Debt Collection Practices Act (FD CPA) or relevant consumer protection laws. V. Demand to Cease and Desist — Use firm language to demand that the debt collector immediately ceases all illegal collection activities, particularly the actions mentioned in section IV. — Specify that any further violation of consumer rights will result in appropriate legal action. VI. Notification of Intention to File Complaint — Inform the debt collector of the consumer's intention to file a complaint with relevant regulatory bodies, such as the Consumer Financial Protection Bureau (CFPB) or the North Carolina Attorney General's Office, if the illegal actions persist. — Mention that copies of this letter will be provided to the appropriate authorities as evidence of harassment or violation of consumer rights. VII. Request for Confirmation — Request written confirmation from the debt collector that they have received and understood the contents of this letter. — Ask for assurance that they will comply with the demands stated. VIII. Contact Information — Provide the consumer's preferred method of communication (address, phone number, email) for the debt collector to respond and confirm their compliance. — Mention any specific time frame within which the debt collector should respond. IX. Closing — Express appreciation for the debt collector's attention to the matter. — Conclude the letter with a professional closing statement and the consumer's signature. Keywords: Mecklenburg North Carolina, debt collector, false or misleading misrepresentations, collection activities, Fair Debt Collection Practices Act (FD CPA), cease and desist, Consumer Financial Protection Bureau (CFPB), North Carolina Attorney General's Office, consumer rights, threat, illegal action, privacy, consumer protection laws.
