Consumer complaint received 2020-11-27
Company: ERC
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XX/XX/2020 XXXX XXXX XXXX XXXX XXXX XXXX, Ga XXXX Office of the President CC : Enhanced Recovery Company DBA : ERC XXXX. XXXX  XXXX XXXX, FL XXXX CC : XXXX XXXX XXXX OFFICE OF THE PRESIDENT AFFADAVIT OF TRUTH Reference # XXXX Dear Executive Office, Pursuant to Federal Law 15 U.S Code 1692g Validation of Debts, Enhance Recovery Company XXXX XXXX XXXX XXXX the debt collector must cease collection of any alleged debt owed until verification of the alleged debt or a copy of a judgment or the name and address of the original creditor. I am XXXX XXXX a natural person in flesh, the consumer, demanding the name and address of the original creditor of this alleged debt owed. This alleged debt is assumed to be valid, which it is not valid per my rights pursuant to Federal Law. The continuance of the debt collector Enhanced Recovery Company & XXXX XXXX XXXX reporting this alleged debt on my alleged consumer report is a violation of my rights pursuant to Federal Law. 

15 USC 1692A 803 Definitions ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 

15 U.S Code 1692g 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 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. 
( b ) DISPUTED DEBTS If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

Pursuant to Federal Law 15 USC 1602 the term creditor refers only to a person, banks can not extend credit pursuant to Truth and Lending Act only a person. A creditor must incur something which means take liability. These acts on behalf of your company are unfair credit practices and or reporting that undermines the public trust. Banks are debt collectors.

Pursuant to Federal Law 15 USC 1602 the term bureau refers to only the Bureau of Consumer Financial Protection. It is a willful noncompliance and violation of my federal rights of privacy as a consumer to share personal information to 3rd party organizations such as XXXX, XXXX, and XXXX  without my written consent. 
15 U.S. Code 1602 - Definitions and rules of construction ( a ) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. 
( b ) BUREAU.

The term Bureau means the Bureau of Consumer Financial Protection.

( c ) The term Board refers to the Board of Governors of the Federal Reserve System.

( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.

( e ) The term person means a natural person or an organization.

( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. 
( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. 
( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. 
( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. 
( k XXXX The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. 
( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.

( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.

( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.

( o ) The term card issuer means any person who issues a credit card, or the agent of such person with respect to such card.

A national bank has no power to lend its credit to any person or corporation.

... Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.

There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. National Bank of Commerce v. Atkinson, 55 E 471.

Pursuant to Federal 15 USC 1681i any and all inaccurate or unverifiable information must be promptly deleted from the consumer file. I have contacted XXXX, XXXX, and XXXX  in reference to the inaccurate information and these organizations continue to violate my Federal Rights willfully.

Pursuant to Federal Law USC 1681s-2 ( b ) provides a private remedy to injured consumers. Thus, a consumer can sue a company for furnishing inaccurate and/or incomplete information. In this case, the furnisher allegedly failed to take prompt and appropriate corrective action once it was notified that it had reported inaccurate information.

Toby D. NELSON, Plaintiff-Appellant, v. CHASE MANHATTAN MORTGAGE CORP., Defendant-Appellee.

Philbin v. Trans Union Corp., 101 F.3d 957, 962 ( 3d Cir.1996 ) ( quoting 15 U.S.C. 1681 ( b ) and Guimond v. Trans Union Credit Information Co., 45 F.3d 1329, 1333 ( 9th Cir.1995 ) ) ( citations omitted ).

Title 15 U.S.C. 1681i ( a ) provides in relevant part : If the completeness or accuracy of any item of information contained in [ her ] file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information.

Sections 1681n and 1681o of Title 15 respectively provide private rights of action for willful and negligent noncompliance with any duty imposed by the FCRA and allow recovery for actual damages and attorneys ' fees and costs, as well as punitive damages in the case of willful noncompliance. 1 Pursuant to Federal Law USC 1681 A, a consumer report does not include any authorization or approval of an extension of credit or any communication among persons affiliated by corporate control. The alleged debt owed that the debt collector Enhanced Recovery Company & XXXX XXXX XXXX  is reporting on my alleged consumer report is a blatant violation of my rights pursuant to Federal Law.

15 USC 1681a Definitions ; rules of construction Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.

( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

( c ) The term consumer means an individual.

( d ) CONSUMER REPORT.

( 1 ) IN GENERAL.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; Pursuant to Federal Law 15 USC 1681 B My personal information is not to be furnished on any consumer report or with anyone without my written instruction. This is a willful violation of my Federal Rights as a consumer.

15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) IN GENERALSubject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Pursuant to Federal Law 15 USC 1692 C, the debt collector Enhanced Recovery Company & XXXX XXXX XXXX must cease collection, and communication of in reference to the alleged debt owed that I am refusing to pay. This inaccurate collection is an inconvenience to me and my future as a consumer. Sharing my personal address with other organizations to furnish on a consumer report without my permission willfully is a violation. Enhanced Recovery Company & XXXX XXXX XXXX has violated my rights pursuant to Federal Law by communicating with a third party about an alleged debt owed.

15 USC 1692 Communication in connection with debt collection ( a ) COMMUNICATION WITH THE CONSUMER GENERALLYWithout 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 consumers 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 attorneys 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 consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication.

( 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 post judgment 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.

( c ) CEASING COMMUNICATION If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

15 USC 1692b 804. Acquisition of location information Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector Pursuant to 15 USC 1692E ( 11 ) Enhanced Recovery Company & XXXX XXXX XXXX initial communication with a consumer must be disclosed that they are a debt collector and there is an attempt to collect a debt. I the consumer have not received disclosure written or oral stating that Enhanced Recovery Company OR XXXX XXXX XXXX had the intent to collect a debt or that they are debt collectors. This is a willful violation of FEDERAL LAW and my rights as a consumer. This alleged debt is now null and void. A debt collector may not use any false, deceptive or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section. 

15 USC 1692E False or Misleading Representations ( 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. 

Pursuant to 15 USC 1692E ( 3 ) Any communication from an attorney on behalf of Ehanced Recovery Company or XXXX XXXX XXXX is a violation of FEDERAL LAW. The letter sent to me from XXXX XXXX is signed by a legal assistant. As a consumer this is willful violation of my rights pursuant to FEDERAL LAW. 

15 USC 1692E ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

Pursuant to Federal Law 15 USC 1681 ( n ) ( a ) I am invoking specified remedy as a consumer. I am demanding monetary relief of {$100000.00} for damages, defamation of character, violation of privacy, my rights as a consumer and the erroneous reports that hurt my credit worthiness as well as raised the cost of credit. I am also demanding any balance for any alleged debt owed reported on my alleged consumer report to be zeroed out and report as paid in full. 


15 U.S. Code 1692g - Validation of debts ( c ) ADMISSION OF LIABILITY The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

15 U.S. Code 1692h.Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. 

15 USC 1681 ( n ) ( a ) any person who willfully fails to comply with any requirement under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of damages sustained by me the consumer of {$1000.00} per violation. 



I certify under penalty of perjury that the foregoing is true and correct. 

Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation