Date Received: 2018-12-14
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have stolen my information by someone and unknown collection is showing on my credit report and wrong address
Company Response:
State: CA
Zip: 90006
Submitted Via: Web
Date Sent: 2018-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-14
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX {$150.00} {$140.00} {$150.00} {$150.00} {$150.00} {$150.00} {$150.00} {$150.00} {$150.00} {$3500.00} These were payment made to this debt collector with the agreement to resolve the judgments with ( XXXX XXXX ) & XXXX XXXX XXXX. However, I continue to receive letters threating to garnish my wage.
Company Response:
State: MN
Zip: 55016
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-14
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: debt is not mine.. collection from XXXX XXXX XXXX of XXXX dollars
Company Response:
State: CA
Zip: 90044
Submitted Via: Web
Date Sent: 2018-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This complaint is based on violations of the FCRA, the FDCPA and the Massachusetts Consumer Protection Act M.G.L. Chapter 93A sec. 2 ( hereinafter the MCA ) by XXXX XXXX ( XXXX ). ___ XXXX XX/XX/XXXX, I reviewed my credit reports and saw a collection account reported by XXXX claiming they purchased a debt from XXXX XXXX XXXX. ___ On XX/XX/XXXX, I mailed to XXXX a demand letter pursuant to Chapter 93A of the Mass. Consumer Protection Act. My demand letter advised XXXX that they violated the MCA because they are not licensed to collect debts in my state, yet they are doing so by placing a debt on my credit report. XXXX may attempt to rely on a recent decision by the Mass Supreme Court in the following case : XXXX XXXX XXXX XXXX, where the court ruled that XXXX is simply a passive debt buyer because it only hires licensed debt collectors on its behalf, and therefore does not engage in collection activity. However, XXXX has not followed this role in my case. For example, several courts have ruled that reporting a debt to a credit bureau constitutes an attempt to collect a debt. In my demand letter, I cited three cases and one opinion letter from the FTC to support this. The most relevant case on point is a decision that was made in Massachusetts just months prior to the XXXX case, where the court ruled as follows : XXXX is at least the nominal reporter of XXXX debt to three national credit reporting agencies. Accordingly, XXXX is, in our view, required to submit to the licensure requirements and corresponding oversight and supervision mandated under G.L. c.93, 24B and 209 Code Mass. Regs., and subsequent sections. XXXX XXXX, XXXX v. XXXX, XXXX. XXXX. I have attached a copy of my demand letter to this complaint which contains multiple citations from multiple courts, including Massachusetts in support of this conclusion. ___ In my demand letter, I reasonably described XXXX unfair or deceptive acts or practices as described above, and the injuries suffered. ___ XXXX did not make a reasonable written tender of settlement within 30 days of receiving my demand letter as required by M.G.L. c.93A. ___ XXXX misconduct as described above was willful and knowing. ___ My letter dated XX/XX/XXXX also included a request for validation of debt. I requested all of the required materials under Mass. law 940 CMR 7.08 ( 2 ). These materials include ( a ) all documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected, and ( b ) a complete transaction history which reflects the date and amount of payments, balances, and charges concerning the debt. My letter also included the very same form letter requesting validation of debt as provided on the website of the CFPB. ___ At no time did XXXX validate the debt as required by the MCA or the FDCPA, yet theyve continued collection activity thru use of the credit reporting system. ___ On XX/XX/XXXX, I disputed the account thru the credit reporting agencies. My dispute included that ( a ) I had no knowledge of the account, ( b ) that [ XXXX ] is not licensed to collect debts in my state, and ( c ) that XXXX failed to validate the debt ''. ___ Between the dates of XX/XX/XXXX and XXXX of XXXX, I received the results of the investigations from the credit reporting agencies, where XXXX had falsely verified the account as accurate. They did this without providing the required materials under the MCA to validate the debt, and with no authority to report a debt because by doing so, theyve engaged in collection activity without a license as a debt collector. In a recent case against another debt buyer who received a dispute thru the credit bureaus where the consumer challenged ownership of the debt, the court ruled as follows : [ a ] reasonable jury could find that the documentation reviewed was insufficient to prove that the [ two accounts ] belonged to [ plaintiff ] and that [ the buyer ] therefore had a duty to report the account as can not be verified. A jury could also find that because [ the buyer ] retained the right to seek account-level documentation through its agreements with [ the creditors ] [ it ] behaved unreasonably when it reported the accounts as verified without first exercising those rights. XXXX v. XXXX XXXX XXXX , XXXX, XXXX XXXX XXXX. XXXX ( XXXX. XXXX XXXX ) ___ XXXX appears to rely on the XXXX decision to protect itself from liability from not only myself, but likely other Massachusetts residents by knowingly reporting debts to credit reporting agencies where the court in the XXXX case was NOT aware that XXXX reports to the credit bureaus. Whereas in the case of XXXX XXXX XXXX, that particular debt buyer was required to be licensed because the court KNEW that it reported debts to the credit bureaus, and in which courts in nearly all other jurisdictions ( including the FTC ) agree that reporting a debt to a credit bureau does in fact constitute a collection activity. ___Based on the aforementioned facts ( and supported by the attached Exhibit ), XXXX conduct includes the following : ___ ( a ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute thru the credit reporting agencies. ___ ( b ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( B ) in that they failed to review all relevant information provided in my dispute to the credit bureaus ( including the fact that XXXX has no authority to report a debt to any credit bureau without a license to do so ). ___ ( c ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate information on my credit reports. ___ ( d ) Violation of the FDCPA 15 USC 1692g in that they failed to validate the debt and were and are continuing collection activity. ___ ( e ) Violation of the MDCPA 940 CMR 7.08 ( 2 ) and MGL c.93A sec . 2 for continuing collection activity while failing to provide all of the required materials that would validate the debt under Mass. law. ___ ( f ) Violation of 940 C.M.R 7.07 ( 8 ) and M.G.L. c.93A sec . 2 in that it engaged in false, deceptive, or misleading representation, communication, or means in connection with the collection of a debt. ___ ( g ) Violation of the FDCPA 15 USC 1692 ( e ) in that they have taken action that can not legally be taken. ___ ( h ) Violation of the FDCPA 15 USC 1692e ( 10 ) in that they employed false or deceptive means to collect a debt. ___ ( i ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount of legal status of the debt.
Company Response:
State: MA
Zip: 01453
Submitted Via: Web
Date Sent: 2018-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I have notified the original creditor in writing that I'm on social security, which is my only source of income ; and that my icome is protected by law. My income can not be touched by any creditors. I continue to receive robo calls daily. In the morning afternoon and evening. the calls come in from the following area code XXXX with the following phone numbers XXXX XXXX-XXXX,XXXX,XXXX,XXXX,XXXX. They also call me from area code XXXX from various phone numbers XXXX XXXX-XXXX,XXXX,XXXX,XXXX and XXXX XXXX-XXXX. These calls keep commingin and changing every time I block their call. The phone will ring 3 times and then disconnects.
Company Response:
State: NJ
Zip: 08854
Submitted Via: Web
Date Sent: 2018-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent XXXX multiple letters to verify this account and I never received proof or a copy of a application with my signature.
Company Response:
State: FL
Zip: 32725
Submitted Via: Web
Date Sent: 2018-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX XXXX XXXX acct # XXXX XXXX XXXX is the original/ XXXX XXXX XXXX XXXX XXXX, sc XXXX I have tried to tell this company that I did not sign any documentation to this company and requesting the following information 1 agreement with the creditor that authorizes you to collect on this alleged dept 2the agreement bear my signature stating that I have agreed to assume the dept 3 valid copies of the dept agreement stating the amount of the dept and interest charges 4 proof that the statute of limitations has not expired 5 complete payment history on this account along with an accounting of all additional charges being assessed 6 show me that you are licensed to collect in my state ; Texas 7 your lincense numbers and registered agent I have yet to receive any of this information, and its really becoming a problem, please assist me with this issue
Company Response:
State: TX
Zip: 76542
Submitted Via: Web
Date Sent: 2018-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-13
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Im in complete shock about this negative item that continues to appear on my credit negatively. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid. I honestly do not believe to ever have any relationship with this collection agency or original creditor. Also there are several inaccuracies with this account the way it's reporting and that's a total violation of FCRA and FDCPA laws and regulations. In a good faith effort to resolve the matter amicably, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine. I am writing to request that you please provide the following information : 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please evidence proof of the alleged debt, including the alleged contract or other instrument bearing my signature. 6. Please provide a complete account history, including any charges added for collection activity.
Company Response:
State: MA
Zip: 027XX
Submitted Via: Web
Date Sent: 2018-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-11
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt. I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letters certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency. The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action.
Company Response:
State: PA
Zip: 19145
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Creditor Information XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, KS XXXX ( XXXX ) XXXX XXXX XXXX XXXX The above company ( s ) has a collection on my credit reports and I have disputed it. It has been over 30 days and the credit bureaus have not given me a response. This is not my account and the account was opened fraudulently.
Company Response:
State: CA
Zip: 92782
Submitted Via: Web
Date Sent: 2018-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A