According to consumers, Borenstein and his law office are engaged in the business of debt collecting. Consumers allege that they were contacted by Borenstein's office through the use of a "form" type collection letter, in an effort to collect a debt for CACV of Colorado, a credit card company. This letter contained language that stated "please call our office immediately" and also informed the consumers that they were required to notify the office in writing if they wished to prevent telephone calls from being made to their
homes and/or workplace. According to consumers, these statements violate the provisions of the federal Fair Debt Collection Practices Act. The consumers allege that by demanding they call Borenstein's office immediately, the language of the letter was misleading and unfair because it contradicted, overshadowed and obscured the required language concerning validating and verifying the correctness of the alleged debt. The consumers state that this language was intended to be, and was in fact, confusing to the consumers and intimidating. Additionally, the consumers allege that the language concerning future telephone calls violated the Act because it was untrue and coercive. The consumers claim that this language led them to believe that in the near future they would be contacted by phone at their home and/or workplace if they did not pay their debt immediately. According to consumers, it is also a false statement. Consumers are not required by law to contact a debt collector in writing to request cessation
of collection phone calls at their place of work. The consumers claim that these actions were wanton, willful and intentional violations of state and federal law whose only purpose was to intimidate consumers into making immediate payment of the alleged debts.