Consumer complaint received 2017-05-14
Company: F.H. Cann & Associates, Inc.
State: NC
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
Student loan reference #  XXXX  Principal :  XXXX  Interest :  XXXX  Collection Fees :  XXXX  Total Due :  XXXX  Violations of consumer rights :  1 ) I nvasion of privacy by using social media accounts to identify persons and organizations connected to the debtor, and  2 ) I ndependently contacting those persons and organizations, requesting private information about debtor and the organizations.    3 )  Threatening to continue sending debt collection related communications to 3rd parties that are not employers or relevant collection targets.     Statu te : 15 U.S. Code 1692b - Acquisitio n of location information.   Statute  : 15 U.S. Code 1692c  - Communication in connection with debt collection.     These  XXXX  behaviors are a direct threat to the debtors ability to professionally network and move towards viable employment.     [ BEGIN COMPLAINT ] My student loan, serviced by "  XXXX   XXXX   XXXX   XXXX   XXXX   XXXX  '' is in default due to an inability to make regular payments, due to challenges related to homelessness and unemployment.     On Monday,  XXXX   XXXX , the apparent collections agency, " F.H.  Cann & Associates '',  contacted at least  XXXX  organizations that I have been engaged with in the last 8 months. In their communications, they identified themselves as a law firm requesting employment verification. They asked each organization for information not related to me, such as EIN and information about the organization 's whereabouts. One of the organizations is a nonprofit organization I volunteer for, the other a company that I have taken sporadic interim projects for as a contractor. Neither organization employed me. I have not been employed since  XXXX   XXXX ,  XXXX .     I notifie d F.H. Cann & Associates that th ey were violating my privacy and my rights pursuant to the FDCPA. In response, I received a secure email fro m F.H. Cann ask ing if I would communicate with "  XXXX   XXXX  or another representative ''. I replied the same day that I would be happy to speak with anyone other than  XXXX   XXXX , who is the collections agent that invaded my privacy to begin with by contacting organizations listed in my  XXXX  profile, and as long as I would not be inappropriately threatened.     I received no response to my offer to communicate. Then on  XXXX   XXXX ,  XXXX , I received a letter from  XXXX . Cann stating that they would commence wage withholding from my " employer '', listing the company that most recently contracted me on an interim consulting project.     On  XXXX   XXXX  F.H.  Cann & Associates  issued a " Notice Prior To Wage Whithholding '' that lists, despite knowledge to the contrary, a company that does not employ me as my employer. The contents of this notice are standard and legally binding, however the persistence in communicating with a third party that is not my employer with a debt-related communication ( in this place a wage garnishment letter ) constitutes ongoing harassment and a 2nd communication, specifically violating rules associated with 3rd party communications as stated  in 15 U.S. Code 1692c of t he FDCPA.     Furthermore the situation is aggravated by a failure on the part  of F.H. Cann & Associates to res pect the communicated issues related to this debt  : 1 ) That I have been discharged fro m employment in the last 12 month s 2 ) Th at I was legally homeless in the last 12 months and own no assets including vehicle  3 )  That I would be willing to make a smaller payment, but not sign into a legally binding payment agreement while unable to certify regular income  4  ) That I have been denied unemployment benefits by the State of North Carolina and have evidence of this denial Since  XXXX  of  XXXX , when I was terminated by my last employer, I have been working odd jobs and contract work while seeking employment again.     By using social media to identify organizations I have volunteered for and completed interim contract work for, and then repeatedly contacting those organizations knowing that neither is an employer,  F.H.    Cann & Associates  has violated my rights as a citizen and I ask that they halt this activity immediately.

Company response to consumer: Closed with explanation