Consumer complaint received 2024-12-18 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — Frequent or repeated calls
Company: CL Holdings LLC
State: MI

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI, XXXX ( XXXX ) XXXX XXXX XXXX Jefferson Capital LLC XXXX XXXX XXXX XXXX, MN XXXX Re : Cease and Desist Unlawful Activities To Whom It May Concern : I am writing to formally demand that Jefferson Capital LLC immediately cease and desist from engaging in unlawful and unethical debt collection practices related to my account, which I believe violate both federal and Michigan state law, including the Fair Debt Collection Practices Act ( FDCPA ), Michigan 's Occupational Code ( MCL 339.901 et seq. ), and the Michigan Collection Practices Act ( MCPA ), MCL 445.251 et seq..

1. Violation of the Fair Debt Collection Practices Act ( FDCPA ) : As you are aware, the FDCPA ( 15 U.S.C. 1692 et seq. ) prohibits debt collectors from engaging in deceptive, harassing, or unfair practices while attempting to collect a debt. Specifically, your actions of repeated calls, threats of legal action, and misrepresentation of the amount owed violate the following provisions : * Section 1692d : Prohibits conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt.

* Section 1692e : Prohibits false, deceptive, or misleading representations regarding the debt.

* Section 1692f : Prohibits the use of unfair or unconscionable means to collect or attempt to collect any debt.

The U.S. Supreme Court 's decision in Heintz v. Jenkins, 514 U.S. 291 ( 1995 ), made it clear that debt collectors, including attorneys, are subject to the FDCPA even if they are acting within the scope of their professional duties. Additionally, in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 ( 2010 ), the Court ruled that even unintentional violations of the FDCPA, such as misrepresenting the debt amount or failing to validate the debt, can result in liability for debt collectors.

2. Violations of Michigan State Law In addition to the federal protections, Michigan law provides significant safeguards against abusive debt collection practices. Under the Michigan Collection Practices Act ( MCPA ), MCL 445.251 et seq., and the Michigan Occupational Code, MCL 339.901 et seq., the following actions are prohibited : * MCL 445.251 ( 2 ) : Prohibits the use of threats, coercion, or intimidation by debt collectors. Specifically, debt collectors are prohibited from threatening legal action they do not intend to take, making false statements about the debtors legal rights, or engaging in any conduct that harasses or abuses the debtor.

* MCL 445.252 ( 1 ) ( c ) : States that debt collectors can not use obscene, profane, or abusive language in their communications.

* MCL 445.257 : Violations of the Michigan Collection Practices Act are grounds for a private civil action by the consumer. Consumers may recover actual damages, statutory damages, and attorneys ' fees in cases where they are subject to unlawful debt collection practices.

* MCL 339.915 : Under the Michigan Occupational Code, debt collectors must be licensed and are subject to specific conduct standards. Debt collectors who engage in deceptive practices or fail to follow the required protocols may face fines or be subject to disciplinary action by the state.

3. Demand for Immediate Action : In light of the above violations of both federal and state law, I hereby demand that Jefferson Capital LLC immediately cease and desist from : 1. Engaging in any further debt collection activities related to the alleged debt.

2. Making any false, misleading, or deceptive representations regarding the debt.

3. Engaging in any harassing, threatening, or abusive conduct towards me or any other individual associated with this debt.

Additionally, I request that you immediately provide written validation of the debt in accordance with the FDCPA, 15 U.S.C. 1692g, should you wish to continue collection efforts. Failure to provide proper validation will be construed as an additional violation of the FDCPA.

4. Consequences of Non-Compliance If Jefferson Capital LLC fails to comply with this demand to cease and desist within 10-15 business days, I will not hesitate to pursue all available legal remedies. These remedies include filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Michigan Attorney Generals Office, and/or filing a lawsuit in state or federal court for violations of the FDCPA and Michigan state law.

Please consider this letter a formal notification that any further communication from Jefferson Capital LLC must cease immediately unless you can substantiate your claims and provide valid documentation in compliance with both federal and state law.

5. Confirmation of Cease and Desist Please confirm in w
riting within 10-15 business days that Jefferson Capital LLC has ceased all collections activities related to this matter and that no further unlawful actions will be taken. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation