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.
Middlesex Massachusetts 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] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Cease and Desist Notice Regarding False or Misleading Collection Practices Dear Sir/Madam, I am writing this letter to inform you that I have recently become aware of false or misleading misrepresentations made by your agency during your collection activities concerning the outstanding debt allegedly owed by me. I believe these misrepresentations have taken place during your attempts to contact my employer. First and foremost, I would like to emphasize that it is both inappropriate and illegal for debt collectors to threaten to take legal actions that they are either unable to legally pursue or have no intention of pursuing. According to the Fair Debt Collection Practices Act (FD CPA) and the laws of Massachusetts, debt collectors are strictly prohibited from making false threats or misleading statements to consumers. I am specifically referring to your recent communication with my employer, [Employer's Name], on [Date] regarding my alleged debt. In this conversation, you explicitly stated that you would take legal action against me, potentially resulting in wage garnishment or other negative consequences, if I did not satisfy the debt immediately. However, upon thorough investigation and consultation with a legal advisor, I have determined that such an action cannot be legally taken against me due to various legal protections and exemptions I am entitled to. It is of great concern to me that your agency is engaging in deceptive practices in an attempt to intimidate and coerce me into making payments. These misleading tactics are unacceptable, unprofessional, and in direct violation of my rights as a consumer. I request that you immediately cease and desist all collection activities related to my account, specifically those involving my employer. Failure to comply with this cease and desist notice will leave me no choice but to pursue legal action against your agency to protect my rights under the FD CPA and Massachusetts state law. I trust that you understand the seriousness of these allegations and the potential consequences of non-compliance. I kindly request that you provide written confirmation, within [10] business days from the receipt of this letter, acknowledging your compliance with this cease and desist notice. In addition, I also request that you promptly forward a copy of this letter to your legal department and any other relevant parties involved in the collection activities concerning my account. Please be advised that any future communication from your agency that fails to adhere to the laws governing debt collection practices will be documented and used as evidence in any legal proceedings I may initiate. Thank you for your immediate attention to this matter. Sincerely, [Your Name]Middlesex Massachusetts 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] [Date] [Debt Collector's Name] [Debt Collector's Address] [City, State, ZIP] Subject: Cease and Desist Notice Regarding False or Misleading Collection Practices Dear Sir/Madam, I am writing this letter to inform you that I have recently become aware of false or misleading misrepresentations made by your agency during your collection activities concerning the outstanding debt allegedly owed by me. I believe these misrepresentations have taken place during your attempts to contact my employer. First and foremost, I would like to emphasize that it is both inappropriate and illegal for debt collectors to threaten to take legal actions that they are either unable to legally pursue or have no intention of pursuing. According to the Fair Debt Collection Practices Act (FD CPA) and the laws of Massachusetts, debt collectors are strictly prohibited from making false threats or misleading statements to consumers. I am specifically referring to your recent communication with my employer, [Employer's Name], on [Date] regarding my alleged debt. In this conversation, you explicitly stated that you would take legal action against me, potentially resulting in wage garnishment or other negative consequences, if I did not satisfy the debt immediately. However, upon thorough investigation and consultation with a legal advisor, I have determined that such an action cannot be legally taken against me due to various legal protections and exemptions I am entitled to. It is of great concern to me that your agency is engaging in deceptive practices in an attempt to intimidate and coerce me into making payments. These misleading tactics are unacceptable, unprofessional, and in direct violation of my rights as a consumer. I request that you immediately cease and desist all collection activities related to my account, specifically those involving my employer. Failure to comply with this cease and desist notice will leave me no choice but to pursue legal action against your agency to protect my rights under the FD CPA and Massachusetts state law. I trust that you understand the seriousness of these allegations and the potential consequences of non-compliance. I kindly request that you provide written confirmation, within [10] business days from the receipt of this letter, acknowledging your compliance with this cease and desist notice. In addition, I also request that you promptly forward a copy of this letter to your legal department and any other relevant parties involved in the collection activities concerning my account. Please be advised that any future communication from your agency that fails to adhere to the laws governing debt collection practices will be documented and used as evidence in any legal proceedings I may initiate. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
