Consumer complaint received 2023-03-24
Company: Capital Management Services, LP
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Debt from XXXX XXXX is result of identity theft. I have sent ID theft affidavit, police report, my identification, and XXXX statement of fraud to XXXX on XXXX occasions to the address listed on the XXXX XXXX XXXX XXXX form. XXXX ignored these communications and willfully violated the law. XXXX has failed to stop furnishing the information to the CRA 's as required by FCRA. XXXX then sold the debt to Capital Management Services, a debt collector licensed in the state of New York. 

Capital Management Services sent the required notice of debt on XX/XX/XXXX to an address I have not resided at since XXXX. This is because XXXX continues to use the identity theft information on file and they provided that wrong address to Capital Management when they sold the debt to them. 

This notice was forwarded to my current address. I responded to the notice from Capital Management Services via certified mail on XX/XX/XXXX to their XXXX XXXX Address listed on the notice. Capital Management received the certified mail on XX/XX/XXXX and signed for the certified mail. They did indeed receive my dispute of the debt and the correspondence I included with that showing the identity theft affidavit, police report, copies of communications sent to XXXX, Notice to furnishers of information and my proper photo ID. 

I also emailed this same information to Capital Mangement Services on XX/XX/XXXX to the address listed on CMS website. I have included a screenshot that shows the email address XXXX is listed on their website and that " consumers may send disputes directly to this email. '' Capital Management Services LP never responded to my identity theft dispute that was sent certified mail nor did they reply to my email of dispute sent to XXXX. 

The FDCPA states that when a consumer disputes a debt, collection activity and measures must stop until the dispute is resolved. CMS violated the FDCPA when they ignored my mailed dispute and emailed dispute and continued to contact me about this debt. I am a victim of identity theft. They have been provided the proper proof required under consumer protection laws and should not be contacting me. They need to return the debt back to XXXX since it never should have been sold to them in the first place. 

CMS again called me on XX/XX/XXXX on my work number of XXXX and forced me to verify the last 4 of my social and proceeded to tell me I owed XXXX plus dollars to them and they are collecting a debt. I hung up on them as they should not be contacting my work phone number. They also should not be contacting me at all since this is disputed under the identity theft provision of the law. 

I then contacted CMS myself on XX/XX/XXXX and asked for an email address for a supervisor. The representative I spoke to provided me the email of XXXX and XXXX. 

I emailed my dispute for a second time on XX/XX/XXXX since they never replied to the original email or certified mail on XX/XX/XXXX. This second email was sent to : XXXX and XXXX and XXXX. I asked that they reply with confirmation that they have received my dispute and again no response. 

They are in direct violation of the FCRA and FDCPA. They contacted me after I had filed a dispute with them. They fail to recognize my identity theft claim. They fail to return the file to XXXX. They contacted me on my employment number on XX/XX/XXXX of XXXX even after I asked them to only contact me via US mail or email in my dispute letter.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation