15 USC § 1692e provides: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt." The statute proceeds "[w]ithout limiting the general application of" that proscription to delineate specific conduct deemed violative of section 1692e, including the following:
• "The failure to disclose in the initial written communication with the consumer . . . that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action." (15 USC § 1692e [11].)
• "The false representation of . . . the character, amount, or legal status of any debt." (15 USC § 1692e [2] [A].)
• "The threat to take any action that cannot legally be taken or that is not intended to be taken." (15 USC § 1692e [5].)
• "The use of any false representation or deceptive means to collect or attempt to collect any debt." (15 USC § 1692e [10].)
Action Taken "in Connection with the Collection of [a] Debt"
Section 1692e by its terms applies only to conduct undertaken "in connection with the collection of [a] debt." In that regard, the Second Circuit in Hart v FCI Lender Servs., Inc. (797 F3d 219 [2d Cir 2015]) held: