Consumer complaint received 2019-04-24
Company: Diversified Adjustment Service, Inc.
State: TN
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Diversified Adjustments are in violation of 15 USC 1692g ( a ) Notice of debt. and 807.  False or misleading representations. 
I contacted Diversified Adjustments ( DA ) on XX/XX/2019, by telephone, after checking my credit reports and found that they had reported an collection account, from XXXX, to all three credit bureaus without issuing a written Validation Notice letter. 
The amount of XXXX was reported to XXXX XXXX, XXXX and XXXX as a collection /charge off. See attachments. 
This improperly reported item has damaged my credit score significantly. If I had received proper notice, I could have timely resolved and or disputed this listed amount reported. 
During the phone conversation on XX/XX/2019 I advised DA that I had not received a Validation Notice prior to them reporting this debt to all of the credit bureaus as required by law. 
DA advised me that they had emailed this debt, via email, provided to them by XXXX. I contacted XXXX and found this not to be true. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. 807. False or misleading representations. 
In this complaint, I reference XXXX XXXX XXXX XXXX , XXXX ( Case No. XXXX, U.S.D.C., Southern District of Indiana ) where the Judge stated that a Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a Secure Package Is Not Sending a Validation Notice Under FDCPA. 
See attachment which shows that the recent email sent XX/XX/2019 ( 8 days after initial contact ) does not contain three of the five requirements listed below : ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
I asked DA to send proof or a copy, on XX/XX/2019, of the email that they claimed to have sent to me, prior to reporting this dept to the credit bureaus and they have yet to respond. 
This misleading and false misrepresentation of fact is a clear violation of 15 USC 1692e 807.

I attempted to resolve this issue with DA and advised them of the error on their part, advised them of my rights under the FDCPA and disputed their tactics use to collect this dispute debt.

Because of this error, I asked DA to remove this Negative improperly reported item, from all three credit bureaus. All to no avail. 
This complaint follows.

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation