Consumer complaint received 2023-07-13
Company: Aldous & Associates, PLLC
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Aldous and Associates is in violation of 15 U.S.C. 1692 et seq., the Fair Debt Collection Practices Act ( hereinafter FDCPA ), which prohibits debt collectors from engaging in abusive, deceptive and unfair practices. ALDOUS & ASSOCIATES, P.L.L.C. is law firm located in Utah with an office at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, UT XXXX. Upon information and belief, ALDOUS uses the mail, telephone, and facsimile and regularly engages in business the principal purpose of which is to attempt to collect debts alleged to be due another. 
No debt validation was sent and signed by an attorney. The XX/XX/XXXX letter was not signed by an attorney with ALDOUS. ALDOUS & ASSOCIATES, P.L.L.C. is not licensed to practice law in Texas. No attorney employed by ALDOUS is licensed to practice law in Texas as of XX/XX/XXXX. They have not responded to the contesting of the debt validation and no attorney employed by ALDOUS is licensed to practice law in Texas within the period beginning on the day one year prior to the date this the debt validation letter was sent. 
The FDCPA prohibits a debt collector from falsely representing or implying that any individual is an attorney or that any communication is from an attorney if, in fact, no attorney was meaningfully involved in collecting the debt. See Martsolf v. JBC Legal Group, P.C., 2008 U.S. Dist. LEXIS 6876, 2008 WL 275719 ( M.D. Pa. Jan. 30, 2008 ) ; Lesher v. Law Offices of Mitchell N. Kay , PC, 650 F.3d 993 ( 3rd Cir. 2011 ) ; and 15 U.S.C. 1692e ( 3 ). Aldous and Associates debt validation sent to XXXX XXXX does not comply with the FDCPA. 
Aldous and Associates violate the FDCPA, by inter alia : ( a ) Using false, deceptive or misleading representations or means in connection with the collection of a debt ; ( b ) Threatening to take any action that can not legally be taken or that is not intended to be taken ; ( c ) Using unfair or unconscionable means to collect or attempt to collect any debt; and ( d ) Making a false representation or implication that an attorney is meaningfully involved. 
Aldous and Associates violated 15 U.S.C. 1692e of the FDCPA by using any false, deceptive or misleading representation or means in connection with his attempts to collect debts from Plaintiff and others similarly situated. Section 1692e ( 3 ) of the FDCPA prohibits a debt collector from falsely representing or implying that any communication is from an attorney. Defendant violated 15 U.S.C. 1692e ( 3 ) of the FDCPA by falsely representing meaningful attorney involvement in his collection letters to XXXX XXXX. Congress enacted the FDCPA in part to eliminate abusive debt collection practices by debt collectors. 
XXXX XXXX has a right to free from abusive debt collection practices by debt collectors. XXXX XXXX has a right to receive proper notices mandated by the FDCPA. XXXX XXXX has suffered harm as a direct result of the abusive, deceptive and unfair collection practices described herein. XXXX XXXX has suffered damages and other harm as a direct result of the a actions, conduct, omissions and violations of the FDCPA described herein.

Company response to consumer: Closed with explanation