Consumer complaint received 2020-05-07
Company: ERC
State: DC
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Last month, ERC reported to the credit reporting agencies that I owe about {$2500.00}, a debt that occurred as a result of identity theft/fraud. The original creditor listed for the debt is the company XXXX. This debt was initially reported under a company called XXXX XXXX in 2018 and it was removed from my credit report after I disputed it and provided information to the credit reporting agencies regarding the identity theft. Now, two years later, the debt has been re-reported and placed on my credit account - this time, under ERC. I received no notice of this and only found out after it triggered a credit report alert. I then once again disputed the account with the credit reporting agencies and the original creditor, however, I was advised to contact ERC as they currently own this debt. After multiple calls and being transferred after long wait times, I sent ERC an official request via certified mail for verification and validation of the debt per FDCPA, which states debt validation should include account statements from original creditor, payment history with the original creditor or a copy of the signed contract between the original creditor and debtor. 15 U.S Code S1692g. validation of debts 5 ( b ). The delivery of the letter has been confirmed via the USPS but I have not received any response, and the derogatory information continues to remain on my report. 

The original issue is that I had a cellphone on my mother 's XXXX account and someone was able to open two separate lines. At the time, our home was under total re-construction due to a main water pipeline that bursted in our home, making the home uninhabitable. My insurance company had relocated us to a hotel for a month, then an apartment close to my job in Maryland. Because of the logistical challenges, we weren't regularly checking mail in Virginia and therefore, did not see notices coming to my home regarding the two phone lines. By the time we discovered the large balance on the account and what it was the result of, it was too late and the account was on its way to collections. The home had contractors and builders coming in at all times of the day for several months so anyone could have had access to my mailbox, as well as sensitive paperwork that remained in the home even during the construction. 

It is also important to note that my name was only on the account for Caller ID purposes, but not as a primary account holder, therefore, I had no financial obligation to XXXX. I am attaching a copy of the only bill we received from XXXX and it is not under my name. This is why I requested from ERC proof of a contractual agreement between myself and XXXX. But I have not received any response to this request. Furthermore, we were not made aware of any debt collection efforts beyond the XXXX bill we received until after it was placed on my credit report. Nor did I receive any notice that it was being reinserted in my credit report by ERC.

Company response to consumer: Closed with explanation