Consumer complaint received 2019-02-18
Company: Endpoint Resolution Services (ERS)
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
This company repeatedly calls me from different numbers. They call at all hours throughout the day, daily. The guy I just spoke with, who I believe was named XXXX, told me that I needed to put cease and desist in writing as I have previously told them to cease and desist calling me at least 3 times. I am not aware this has to be in writing if you instruct a collection agency to stop calling you. He proceeded to advise me of a legal action that had against me for a debt that is either old ( pass the statute of limitations in Texas ) or not mine. This company continues to harass me daily. 

Now this debt which is passed the statute of limitations in the state of Texas is sold to this company who is now harassing me regarding this debt and has threatened to place it on my credit reports for all 3 bureaus and take legal action. They continue to call and hang up on my phone while I am at work. They call from different numbers stating they need have documents or issues. One day I believe they even called me before XXXX XXXX. They call 4 times a day on my cell at least daily. I have not given them permission to call me or my cell. They dont leave messages. I feel threatened as this man just told me they have a legal action against me. I advised im I didnt have to and to stop calling my phone and that I was filing a complaint. It seemed like he laughed on the phone and told me that had not received anything in writing to stop calling me. I am being harassed day and night. 

The statute of limitations in the state of Texas is 4 years. I do not have any recent debt nor does any company stating they are with or representing XXXX XXXX XXXX or XXXX something have any debt that is within this statute of limitation. This company which continues to threaten some sort of legal action is telling me that have a legal complaint of some sort against me. I am tired and not working right under. I am under doctors care for a medical condition and this company continues to call and put stress on me and this is causing my medical issue to worsen. 

This company does not have a surety bond in the state of Texas to collect, which is required. Yet, they continue to attempt to collect and violate Texas law. I filed a complaint against this company with the Texas attorney generals office. I am also seeking a class action lawsuit with my attorney due to the mental, emotional and medical stress and distress this is causing me as a XXXX XXXX XXXX awaiting XXXX. Texas Surety bond information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service. Please note XXXX, XXXX, and XXXX  are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate.

Per this requirement you must delete this trade line or not place it on my report altogether if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files.

I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ). Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter ; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ) Regards

Company public response: Company believes the complaint is the result of a misunderstanding
Company response to consumer: Closed with explanation