Consumer complaint received 2023-04-21
Company: FAIR COLLECTIONS & OUTSOURCING, INC.
State: VA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To whom this may concern, On XX/XX/XXXX I pulled my credit report to see what exactly was reporting on my credit because I just saw my score constantly dropping. I found several issues but the main one I am referring to is a collections from Fair Collection & Outstanding Inc. I noticed that they were reporting two accounts in my name, in the amount of {$8200.00}. My credit report showed that the account had been in collection since XXXX but it just started to reflect in XXXX. I wrote Fair Collection & Outstanding Inc. to validate the debts on XX/XX/XXXX because I did not know what the debt was. I received a leasing document for an apartment in the District of Columbia which is a place I've never lived before. The lease document was for apartment XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX  DC XXXX and had an electronic signature. The ledger attached with the leasing document reflected a balance of {$8200.00}. Again I have never lived in the District of Columbia and at the time this leasing agreement was created I lived in XXXX, VA as I was a XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I wrote the collection company back requesting for all of the application information along with the key release form for the apartment XXXX account with the balance of {$8200.00} since this is for an apartment and from my understanding the industry standard is for communities to do background checks and validate proof of employment along with documenting the release of keys. They responded to me with the exact same lease and ledger but none of the information requested. Since the Collection company was unable to provide me with any of the additional requested information from the account balanced at {$8200.00} I decided to contact the original creditor, XXXX managed by the XXXX XXXX to obtain these documents. Before going to the office location I called to speak to the community manager who was reluctant to answer my questions and kept on trying to refer me back to the collection company for answers. I asked him directly if I were to come to the office with proof showing that I am who I say I am, will he provide me with the files and he said he needed to talk to a lawyer and get back to me. He then emailed me back stating that he would not be able to provide me with the files and I should talk to the collection company. ( I have the entire email thread which will be attached ). I did not think his response was right so I did my research and I learned that according to the Federal Trade Commission businesses who conduct background checks to provide housing are required to provide the entire file to the individual in which they have done a background check on if requested. In addition to that, I learned that in the District of Columbia document retention is 3 years and after 3 years companies can get rid of files. Learning this did not sit right with me. It is very convenient that the account was closed in XXXX but doesn't start reporting on my credit report until XXXX and now we are in the spring of XXXX which means that they could get rid of the flies very soon. If I did not check my credit report when I did I would have never known about it as I did not receive any notification of either of these debts which is another violation of my consumer rights. 
Today XX/XX/XXXX after several calls to the corporate office to speak to the regional manager, leaving messages and then waiting a week to speak to her I received nothing. Then called again yesterday XX/XX/XXXX to speak to the regional manager or her supervisor and again not being able to speak to anyone on the corporate level, I then decided to book an appointment and take two forms of ID to XXXX XXXX the original creditor to request the files. When I got there and engaged in conversation with the Community Manager he then looked me in my face and refused to provide me with the files of both accounts. I then informed him of the Federal Trade Law and he continued to refuse to provide me with the files and said something along the lines of him being okay with this playing out in court because he would feel more comfortable giving it to a lawyer or a police officer but not the person in which their office decided to take two account to collection even though his refusal to do so is a violation of the Fair Credit Reporting Act. In all honesty, I have reason to believe that this company is conducting fraudulent activity because when I ask for information from the collection company they are unable to provide me with sufficient documentation and when I go to the original creditor they avoid my phone calls, stop responding to my email and outright in my face deny me access to the files they sent to collection in my name. Also, after reviewing the leasing document provided by Fair Collection & Outsourcing again I noticed a major inaccuracy. The leasing document states that the leasing period begins XX/XX/XXXX and the leasing document was created and signed with my name on XX/XX/XXXX but the lease was not countersigned making it active until XX/XX/XXXX. This is a major concern and adds to my belief that this fraudulent activity occurred within the company, because a from my understanding a XXXX XXXX is not made active until it is countersigned and Fair Collection & Outstanding Inc. nor the XXXX XXXX is able to provide me with any information leading to the possession of either apartment. In addition to that, I received XXXX information about this debt and would not have ever known about it if I did not pull my credit report. Again, the timeframe of the debt reporting 2 almost 3 years after the account was closed and knowing that they can get rid of files after 3 years is far too coincidental. I am so frustrated and confused as to why they will not release the file 's to me and the only reason ( s ) I can think of are the file 's do not exist well at least one of them, there are major inaccuracies or they have been tampered with and the tampering of file 's is a common practice and would expose these fraudulent business practices.

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