Consumer complaint received 2022-09-29
Company: Genesis FS Card Services, Inc.
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
On XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX I sent a written notice of dispute requesting debt validation pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA via XXXX XXXX Mail to XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX. which has not been fulfilled. On XX/XX/XXXX and XX/XX/XXXX I sent a Cease and Desist Notice to cease any/all collection actions until the alleged debt was properly validated to XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX which has been ignored. On XX/XX/XXXX and XX/XX/XXXX I sent another Cease and Desist notice and written notice informing XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX. that I'm a victim of identity theft and the fraudulent account does not belong to me which has been ignored. As of XX/XX/XXXX I have NOT been provided competent evidence of my legal obligation to pay XXXX XXXX XXXX XXXX XXXX XXXX. I requested the company to provide me with the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Show me that you are licensed to collect in my state ; and Provide me with your license numbers and Registered Agent. What the money you say the alleged debtor owes is for. Explain and show how you calculated the alleged debt. Provide me any documents that show proof I agreed to pay the alleged amount owed. Please provide the name and address of the bonding agent for XXXX XXXX XXXX XXXX XXXX XXXX. in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. Please Note : A copy of the consumer credit contract and/or bill is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32 , ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.1 ( 1986 ). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 ( 3Dist. 1987 ). Additionally, on XX/XX/XXXX GENESIS FS CARD SERVICES sent a notice informing me that the fraudulent account resulting from Identity Theft has been blocked and removed and would no longer be subject to collection actions. Furthermore, pursuant to 12 CFR Part 1022 Subpart M 1022.120 1022.129, XXXX XXXX XXXX XXXX XXXX XXXX. is in violation by not responding to my notice of Identity Theft within 30 days.

Company response to consumer: Closed with explanation