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.
Dear [Debt Collector's Name], Subject: False or Misleading Misrepresentations in Collection Activities — Cease Contacting my Employer I am writing to bring to your attention the false or misleading representations made by your agency in regard to the collection activities concerning my outstanding debt. According to the Fair Debt Collection Practices Act (FD CPA), it is impermissible for debt collectors to engage in actions that are threatening, unethical, or deceptive. Therefore, I kindly request your immediate compliance with the following matters: 1. Cease Contacting my Employer: I have recently become aware that your agency has been contacting my employer, [Employer's Name], in connection with the collection efforts for my debt. I want to emphasize that such actions are strictly prohibited under the FD CPA. It is important for you to understand that my employment status should not serve as a means to pressure or intimidate me into resolving my financial obligations. I hereby demand that you cease all communication with my employer with immediate effect. 2. False or Misleading Representations: Upon reviewing the letters and phone conversations I have had with your representatives, it has come to my attention that there have been instances of false or misleading representations regarding the actions that you can legally take or actually intend to take to enforce the debt. Please be advised that it is illegal under the FD CPA to make false statements or threaten actions that cannot legally be taken. Furthermore, if there is no intention to initiate legal proceedings or take specific actions as mentioned, making such representations is again in violation of the law. I request that you cease making false or misleading statements about the potential consequences of not resolving the debt promptly. I am aware of my rights as a consumer protected under the FD CPA. Failure to rectify these false or misleading misrepresentations or continuation of unlawful collection activities will leave me no choice but to pursue legal remedies available to me. This may include filing complaints with relevant regulatory bodies or seeking legal action to protect my rights. I trust that you will take this matter seriously and address it promptly. Any further communication with me should be in writing, and I ask that you provide written confirmation that you have received this letter and intend to comply with its content. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Dear [Debt Collector's Name], Subject: False or Misleading Misrepresentations in Collection Activities — Cease Contacting my Employer I am writing to bring to your attention the false or misleading representations made by your agency in regard to the collection activities concerning my outstanding debt. According to the Fair Debt Collection Practices Act (FD CPA), it is impermissible for debt collectors to engage in actions that are threatening, unethical, or deceptive. Therefore, I kindly request your immediate compliance with the following matters: 1. Cease Contacting my Employer: I have recently become aware that your agency has been contacting my employer, [Employer's Name], in connection with the collection efforts for my debt. I want to emphasize that such actions are strictly prohibited under the FD CPA. It is important for you to understand that my employment status should not serve as a means to pressure or intimidate me into resolving my financial obligations. I hereby demand that you cease all communication with my employer with immediate effect. 2. False or Misleading Representations: Upon reviewing the letters and phone conversations I have had with your representatives, it has come to my attention that there have been instances of false or misleading representations regarding the actions that you can legally take or actually intend to take to enforce the debt. Please be advised that it is illegal under the FD CPA to make false statements or threaten actions that cannot legally be taken. Furthermore, if there is no intention to initiate legal proceedings or take specific actions as mentioned, making such representations is again in violation of the law. I request that you cease making false or misleading statements about the potential consequences of not resolving the debt promptly. I am aware of my rights as a consumer protected under the FD CPA. Failure to rectify these false or misleading misrepresentations or continuation of unlawful collection activities will leave me no choice but to pursue legal remedies available to me. This may include filing complaints with relevant regulatory bodies or seeking legal action to protect my rights. I trust that you will take this matter seriously and address it promptly. Any further communication with me should be in writing, and I ask that you provide written confirmation that you have received this letter and intend to comply with its content. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
