Consumer complaint received 2021-07-02
Company: National Credit Adjusters, LLC
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I, XXXX XXXX, am a natural person and my place of abode is my location information as that term is defined by 15 USC 1692a ( 7 ).

I am a consumer as that term is defined by the FDCPA and RFDCPA.

National Credit Adjusters is a debt collector as that term is defined by 15 USC 1692a ( 6 ). 

I understand my rights as a consumer and know that Congress has enacted federal laws to protect me as a consumer. I have created this affidavit to put you on notice about the abusive debt collection practices of your company pursuant to 15 USC 1692a ( e ) and make you aware that you have invaded my individual privacy under 15 USC 1692a.

National Credit Adjusters is attempting to collect an alleged consumer debt from me. 

Within the last year, National Credit Adjusters attempted to collect an alleged consumer debt from me. 

Within the last year, National Credit Adjusters violated 15 USC 1692c ( a ) of the FDCPA by contacting me 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, when National Credit Adjusters called me on my phone ( XXXX ) XXXX in XX/XX/2021 without my direct consent. 

During the phone call described above, I requested that National Credit Adjusters provide validation of this alleged debt pursuant to 15 USC 1692g.

National Credit Adjusters committed identity theft as defined by the FCRA, 15 USC 1681a ( q ) ( 3 ), when they acquired and used my identifying information without my direct consent to communicate with me. 

National Credit Adjusters response to this request for validation is enclosed as Exhibit A, Exhibit B, and Exhibit C. 

National Credit Adjusters violated 15 USC 1692c ( a ) ( 1 ) by sending Exhibit A-Exhibit C at an unusual and inconvenient time. 

On XX/XX/2021 National Credit Adjusters responded to my request but violated 15 USC 1692 ( a ) by failing to include the five required pieces of information that shall be included in written communication pursuant to 15 USC 1692g ( 1-5 ).

National Credit Adjusters violated 15 USC 1692g ( 3 ) of the FDCPA by failing to include 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.

National Credit Adjusters violated 15 USC 1692g ( 4 ) of the FDCPA by failing to include 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.

National Credit Adjusters violated 15 USC 1692g ( 5 ) of the FDCPA by failing to include 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.

National Credit Adjusters violated 15 USC 1692b ( 5 ) of the FDCPA by the 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, when National Credit Adjusters used a logo in Exhibit B and Exhibit C.

National Credit Adjusters violated 15 USC 1692e ( 2 ) ( A ) of the FDCPA by falsely representing the character, amount or legal status of any debt, when National Credit Adjusters falsely represented the alleged debt by stating that I have a positive balance of {$450.00}.

National Credit Adjuster violated 15 USC 1692e ( 2 ) of the FDCPA by falsely representing the character, amount or legal status of any debt, when National Credit Adjusters falsely represented that the alleged debt was within the statute of limitations, when National Credit Adjusters demanded immediate payment from me.

National Credit Adjusters violated 15 USC 1692e ( 10 ) of the FDCPA by using any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer, when National Credit Adjusters attempted to collect a time-barred debt from me without disclosing to me that the debt was past the statute of limitations and when National Credit Adjusters demanded immediate payment from me in an effort to coerce me into making a payment on a time-barred debt and, in effect, revive the statute of limitations.

National Credit Adjusters violated 15 USC 1692f of the FDCPA by using unfair or unconscionable means in connection with the collection of an alleged debt, when XXXX XXXX XXXX engaged in the foregoing conduct.

Company response to consumer: Closed with explanation