Consumer complaint received 2023-07-26
Company: Lotane & Associates, P.A.
State: FL
Product: Debt collection
Sub-product: Medical debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
Lotane & Associates have been harassing me. I answered a few times but they would not disclose who they were or who were calling for. I explained I would not give my personal information due to my safety because they would not tell me who they was calling for or who they was PERIOD. I was then served documents to my personal abode and I did not disclose my address at anytime. Once I was served these documents I began reading the FCRA laws to protect me along with the Privacy Act of 1974. I sent them a response to the court documents they sent me. I requested all communication be done via mail and I have not received any response providing my wet signature to verify the alleged is mine. I also looked up the court case in XXXX XXXX Court system and it is not on the docket as they provided documents like I am to report to court for this alleged debt. I have attached all the documentation they have sent me in which none provides my wet signature to verify they debt is mine. I will also provide the laws they are violating and can be held civil liability for the stress they have cause me. 15 USC 1692 e ( 11 ) False or Misleaading ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 UCS 1692 e ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. 15 USC 1692 e ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. 15 USC 1692 e ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 15 USC 1692 d A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section. 1692 d ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 15 USC 1692 c ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 15 USC 1692 b Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall 15 USC 1692 a ( 7 ) The term location information means a consumers place of abode and his telephone number at such place, or his place of employment.

15 USC 1681 n ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or

Company response to consumer: Closed with explanation