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.
Travis Texas 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 Subject: Cease and Desist Communication Regarding False and Misleading Collection Activities Dear [Debt Collector's Name/Agency], I am writing to inform you of my utmost concern regarding the collection activities that have been taking place in relation to the alleged debt concerning [account number/claim number]. It has come to my attention that your agency has been engaging in false or misleading misrepresentations, specifically in regard to threatening actions that legally cannot be taken or actions that you have no intention of pursuing, including the unauthorized contacting of my employer. First and foremost, I must emphasize that I am fully aware of my rights as a consumer under the Fair Debt Collection Practices Act (FD CPA). This act strictly prohibits debt collectors from engaging in any deceptive, abusive, or unfair practices while attempting to collect a debt. Upon careful review of the collection notices and other communication I have received from your agency, it has become evident that several false or misleading statements have been made. This not only violates the FD CPA but also undermines the integrity of your collection attempts. I would like to highlight the following concerns: 1. False Threats of Legal Action: Your agency has repeatedly threatened to take legal action against me without any genuine intent to follow through. Such threats are misleading and create unnecessary stress and anxiety for a debtor who is already dealing with financial difficulties. I must warn you that making false legal threats is a violation of the FD CPA and will not be tolerated. 2. Unlawful Actions: Your agency has unlawfully contacted my employer or threatened to contact them in regard to the debt in question. Let me be absolutely clear — contacting my employer without my express permission or a court order is strictly prohibited under the FD CPA. Such actions not only violate my privacy rights but can also potentially harm my professional reputation. 3. Misleading Representation of Options: Your collection notices have falsely depicted limited or no options for resolving the debt, creating an unfair and inaccurate portrayal of the situation. By doing so, you mislead debtors into believing that they have no alternative but to comply with your demands. This misrepresentation is both frustrating and unethical, serving only to undermine your credibility. I demand that you immediately cease all communication related to this debt, including any contact with my employer. Furthermore, I request that you provide a confirmation in writing stating that you will no longer engage in the aforementioned false or misleading practices. Failure to comply with this request will result in reporting your actions to the appropriate regulatory authorities and pursuing legal action to protect my rights. Please consider this letter as a formal notice of my intent to hold your agency accountable for its unlawful and deceptive actions. I trust that you will rectify this situation promptly and refrain from engaging in any further false or misleading practices in your collection activities. I expect your prompt attention to this matter. Any future communication regarding this debt must strictly abide by the guidelines outlined in the FD CPA. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]Travis Texas 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 Subject: Cease and Desist Communication Regarding False and Misleading Collection Activities Dear [Debt Collector's Name/Agency], I am writing to inform you of my utmost concern regarding the collection activities that have been taking place in relation to the alleged debt concerning [account number/claim number]. It has come to my attention that your agency has been engaging in false or misleading misrepresentations, specifically in regard to threatening actions that legally cannot be taken or actions that you have no intention of pursuing, including the unauthorized contacting of my employer. First and foremost, I must emphasize that I am fully aware of my rights as a consumer under the Fair Debt Collection Practices Act (FD CPA). This act strictly prohibits debt collectors from engaging in any deceptive, abusive, or unfair practices while attempting to collect a debt. Upon careful review of the collection notices and other communication I have received from your agency, it has become evident that several false or misleading statements have been made. This not only violates the FD CPA but also undermines the integrity of your collection attempts. I would like to highlight the following concerns: 1. False Threats of Legal Action: Your agency has repeatedly threatened to take legal action against me without any genuine intent to follow through. Such threats are misleading and create unnecessary stress and anxiety for a debtor who is already dealing with financial difficulties. I must warn you that making false legal threats is a violation of the FD CPA and will not be tolerated. 2. Unlawful Actions: Your agency has unlawfully contacted my employer or threatened to contact them in regard to the debt in question. Let me be absolutely clear — contacting my employer without my express permission or a court order is strictly prohibited under the FD CPA. Such actions not only violate my privacy rights but can also potentially harm my professional reputation. 3. Misleading Representation of Options: Your collection notices have falsely depicted limited or no options for resolving the debt, creating an unfair and inaccurate portrayal of the situation. By doing so, you mislead debtors into believing that they have no alternative but to comply with your demands. This misrepresentation is both frustrating and unethical, serving only to undermine your credibility. I demand that you immediately cease all communication related to this debt, including any contact with my employer. Furthermore, I request that you provide a confirmation in writing stating that you will no longer engage in the aforementioned false or misleading practices. Failure to comply with this request will result in reporting your actions to the appropriate regulatory authorities and pursuing legal action to protect my rights. Please consider this letter as a formal notice of my intent to hold your agency accountable for its unlawful and deceptive actions. I trust that you will rectify this situation promptly and refrain from engaging in any further false or misleading practices in your collection activities. I expect your prompt attention to this matter. Any future communication regarding this debt must strictly abide by the guidelines outlined in the FD CPA. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
