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: Queens New York Letter: Revealing False Misrepresentations by Debt Collectors and Inappropriate Employer Contact Introduction: In Queens, New York, individuals facing debt collection may find themselves subject to deceptive tactics employed by debt collectors. It is crucial to stay well-informed about your rights as a consumer and take appropriate action when faced with false or misleading representations by debt collectors. This detailed letter template aims to address the issue of debt collectors threatening actions they cannot legally take or have no intention of taking, as well as contacting your employer without justification. --- [Your Name] [Your Address] [City, State, Zip Code] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, Zip Code] Re: [Your Full Name] [Your Account Number/Reference Number] Dear [Debt Collection Agency's Name], Subject: False or Misleading Misrepresentations in Collection Activities and Unauthorized Employer Contact I am writing this letter to bring a serious matter to your attention regarding your company's debt collection activities concerning my outstanding debt. It has come to my attention that, in violation of the Fair Debt Collection Practices Act (FD CPA), your agency has engaged in false or misleading misrepresentations and has unlawfully contacted my employer. False or Misleading Misrepresentations: I assert that your representatives, through both written communication and verbal exchanges, have resorted to tactics that intentionally deceive or mislead me regarding the actions that you can legally take or intend to take. The FD CPA strictly prohibits such conduct, and I will not tolerate any further violations of my rights as a consumer. Please note the following instances where your agency made false or misleading representations: 1. [Provide specific details: dates, names, and contexts of misleading statements made by the debt collector.] 2. [Provide another instance, if applicable.] Unauthorized Employer Contact: Furthermore, I am disappointed to discover that your agency has wrongly contacted my employer in relation to my debt, which is both unnecessary and in violation of the FD CPA. I demand an immediate termination of any such activity, as it violates my privacy rights and has the potential to harm my professional reputation. Please provide an explanation as to why you contacted my employer without a valid reason. Consequences and Action Required: I remind you that my consumer rights are protected under the FD CPA, and I will not hesitate to exercise my rights to rectify any wrongdoing. As a result of your agency's misleading misrepresentations and improper employer contact, I demand the following actions be taken: 1. Cease all further communication, whether verbal or written, until the matter is resolved appropriately. 2. Within [mention a reasonable timeframe, e.g., 15 business days] after receiving this letter, provide written confirmation that all collection activities will cease, and no further attempts to collect the debt will be made. 3. Provide documentation validating the authenticity and accuracy of the alleged debt. 4. Within [mention a reasonable timeframe, e.g., 30 calendar days], conduct a thorough investigation into the misleading misrepresentations and unauthorized employer contact and provide me with a detailed report of your findings. 5. Compensate me appropriately for any damages caused by your illegal actions as per the FD CPA. 6. Ensure that my account is marked as "disputed" with all credit reporting agencies until this matter is resolved. Conclusion: Failure to comply with these demands may result in legal action being taken against your agency, including filing a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, and pursuing legal remedies available to me under federal and state law. I expect your full cooperation in rectifying this matter promptly. Please acknowledge receipt of this letter within [mention a reasonable timeframe, e.g., 5 business days]. All future communication between us must be in writing. Thank you for your prompt attention to this matter. Sincerely, [Your Full Name] [Your Contact Number] [Your Email Address] --- Different types: 1. Queens New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take Legal Action that Cannot be Legally Taken. 2. Queens New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take Action not Intended to be Taken. 3. Queens New York Letter Informing Debt Collector of Unauthorized Employer Contact in Debt Collection Activities.Title: Queens New York Letter: Revealing False Misrepresentations by Debt Collectors and Inappropriate Employer Contact Introduction: In Queens, New York, individuals facing debt collection may find themselves subject to deceptive tactics employed by debt collectors. It is crucial to stay well-informed about your rights as a consumer and take appropriate action when faced with false or misleading representations by debt collectors. This detailed letter template aims to address the issue of debt collectors threatening actions they cannot legally take or have no intention of taking, as well as contacting your employer without justification. --- [Your Name] [Your Address] [City, State, Zip Code] [Date] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, Zip Code] Re: [Your Full Name] [Your Account Number/Reference Number] Dear [Debt Collection Agency's Name], Subject: False or Misleading Misrepresentations in Collection Activities and Unauthorized Employer Contact I am writing this letter to bring a serious matter to your attention regarding your company's debt collection activities concerning my outstanding debt. It has come to my attention that, in violation of the Fair Debt Collection Practices Act (FD CPA), your agency has engaged in false or misleading misrepresentations and has unlawfully contacted my employer. False or Misleading Misrepresentations: I assert that your representatives, through both written communication and verbal exchanges, have resorted to tactics that intentionally deceive or mislead me regarding the actions that you can legally take or intend to take. The FD CPA strictly prohibits such conduct, and I will not tolerate any further violations of my rights as a consumer. Please note the following instances where your agency made false or misleading representations: 1. [Provide specific details: dates, names, and contexts of misleading statements made by the debt collector.] 2. [Provide another instance, if applicable.] Unauthorized Employer Contact: Furthermore, I am disappointed to discover that your agency has wrongly contacted my employer in relation to my debt, which is both unnecessary and in violation of the FD CPA. I demand an immediate termination of any such activity, as it violates my privacy rights and has the potential to harm my professional reputation. Please provide an explanation as to why you contacted my employer without a valid reason. Consequences and Action Required: I remind you that my consumer rights are protected under the FD CPA, and I will not hesitate to exercise my rights to rectify any wrongdoing. As a result of your agency's misleading misrepresentations and improper employer contact, I demand the following actions be taken: 1. Cease all further communication, whether verbal or written, until the matter is resolved appropriately. 2. Within [mention a reasonable timeframe, e.g., 15 business days] after receiving this letter, provide written confirmation that all collection activities will cease, and no further attempts to collect the debt will be made. 3. Provide documentation validating the authenticity and accuracy of the alleged debt. 4. Within [mention a reasonable timeframe, e.g., 30 calendar days], conduct a thorough investigation into the misleading misrepresentations and unauthorized employer contact and provide me with a detailed report of your findings. 5. Compensate me appropriately for any damages caused by your illegal actions as per the FD CPA. 6. Ensure that my account is marked as "disputed" with all credit reporting agencies until this matter is resolved. Conclusion: Failure to comply with these demands may result in legal action being taken against your agency, including filing a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, and pursuing legal remedies available to me under federal and state law. I expect your full cooperation in rectifying this matter promptly. Please acknowledge receipt of this letter within [mention a reasonable timeframe, e.g., 5 business days]. All future communication between us must be in writing. Thank you for your prompt attention to this matter. Sincerely, [Your Full Name] [Your Contact Number] [Your Email Address] --- Different types: 1. Queens New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take Legal Action that Cannot be Legally Taken. 2. Queens New York Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Threatening to Take Action not Intended to be Taken. 3. Queens New York Letter Informing Debt Collector of Unauthorized Employer Contact in Debt Collection Activities.
