Consumer complaint received 2021-09-16
Company: Mountain Run Solutions, LLC
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XXXX XXXX Regarding Colection Agency : Mountain Runs Solutions Regarding Account number owned by XXXX XXXX in the amount of {$1200.00} I have no account with Mountain Run Solutions and have never done business with them. 

I requested Mountain Run Solutions to provide a contract and verification Validation ( not verify, not confirmation ) of the debt being bouhgt from " Vivent i.e. a contract between myself XXXX XXXX & Mountain Run Solutions ( specific proof ) that I did business with specifically Mountain Run Solutions on a written contract that would validate this debt. 

Instead they provided a letter with stating This letter is to confirm that the above referenced account has been purchased ( From XXXX ) by Mountain Run Solutions in XX/XX/XXXX using XXXX letter head is misleading to the credit bureaus and CFPB. 

XXXX no longer owns this debt nor is trying to collectthe debt and a collection agency Mountain Run Solutions owns the debt now. I have never done business with Mountain Run Solutions regarding the account # XXXX in the amount of {$370.00}. 

By using the confirmation that they bought the debt they are misleading FTC, Credit Bureaus and themselves. Mountain Run Solutions Also failed to give me a response within 30 days as the laws state below. 

You failed to provide proof that I did business with you. I am reporting this account fraudulently. I do not have a contract between mountain Run Solutions and myself that states that I owe mountain Run Solutions any debt, and XXXX no longer is an involved party. I was provided with a contract between myself and XXXX but not a valid contract between myself and Mountain Run Solutions. 


The Fair Debt Collection Practices Act ( FDCPA ) is a federal law that prohibits debt collectors from using practices that are abusive or deceptive. Mountain Run Solutions has also created a fraudulent agreement on a payment arrangement in which I have never agreed to. I have never agreed to any payment arrangements, I have never spoken to them on the phone. I keep getting harassing phone calls where they try to ask my information. I am afraid. This is clear and evident fraud. 

The Fair Debt Collection Practices Act ( FDCPA ) 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 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 consumer 's 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. 







805. Communication in connection with debt collection ( 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 -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX XXXX antemeridian and before XXXX XXXX postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. 

808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 
( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. 
( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. 
( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.

( 7 ) Communicating with a consumer regarding a debt by post card.

( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 
15 USC 1692g 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 
15 USC 1692k 813. Civil liability 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation