Consumer complaint received 2018-01-19
Company: Populus Financial Group, Inc. (F/K/A Ace Cash Express)
State: TX
Product: Debt collection
Sub-product: Payday loan debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
On XX/XX/XXXX I received a voicemail from XXXX XXXX at XXXX XXXX XXXX XXXX. She stated that I had until XXXX EST for representing counsel or myself to provide a statement of intent or they would proceed with further action in XXXX County.She left a call back number of XXXX XXXX XXXX XXXX. 
On XX/XX/XXXX I received 5 back to back phone calls from XXXX to XXXX. On one of the phone calls a voicemail was received. The message was from XXXX XXXX at XXXX XXXX XXXX   XXXX. The voicemail said they were contacting me to give me a final notification and I had until XXXX EST or they would proceed with further action in XXXX County. She requested a statement of intent from me or my representing counsel. It said I was officially notified and left a call back number of XXXX XXXX XXXX XXXX. 
I didn't call back that day. 
On XX/XX/XXXX my brother called and said he received a call from XXXX XXXX XXXX XXXX and he forwarded me the number via text message. I returned the call that afternoon and spoke to a XXXX XXXX who said that XXXX XXXX was not available. I gave him the " case '' number that was left in my voicemail and he asked the nature of the call. He tells me that they are collecting on behalf of Ace Cash Express and that I had committed fraud. He said they had tried contacting my grandmother ( who has been XXXX since XX/XX/XXXX ) and my friend as well. He said that I was in violation of Texas Penal Code 32.41. I asked for proof of what he was referring to and he sent me an email with the contract. I asked him for the amount owed, who I was paying to and his license number to collect in the state of Texas and he said he didn't know the license number and referred me to his corporate office at XXXX XXXX XXXX. I told him that his threatening collection practices were not legal and that he needed to be licensed to collect in Texas. He said that he could send me verification of the debt by mail but as of this date I have not received anything. 
On XX/XX/XXXX I received a call from XXXX XXXX from XXXX XXXX XXXX saying that he received the court summons regarding the charges and claim filed against me from the XXXX XXXX XXXX XXXX XXXX. He said he needed to verify my home address or they would be forced to serve me at my place of employment. He then gave me the phone number to contact the " filing party '' at XXXX XXXX XXXX and then provided the " case number '' again. 
I returned the call on XX/XX/XXXX and spoke to XXXX XXXX and I asked her what actions they were referring to. She stated there were two charges being filed. I asked if they were civil or criminal and she stated one was civil and one was criminal. I told her that she could not threaten criminal services to collect on a debt. She wished me good luck in court and ended the call. 
I called back to speak to her and find out who owned the debt and I spoke to XXXX XXXX who told me she was on another call. He again advised me that I was in violation of Texas Penal Code 32.41 and he proceeds to read it to me.I told him that he could not threaten me to get me to pay a debt. I asked if I needed to pay today who I would be paying and if he could provide the license number and he again refers me to XXXX XXXX XXXX. I end the call with him. 
I called to XXXX XXXX XXXX and they advised me that I do have an account in collections with them. I provided the young lady answering the phone with the information received from the voicemails and phone calls from XXXX XXXX XXXX XXXX. She transfers me to a manager. The name of the manager I spoke to was XXXX, she did not provide a last name. I told her also about the various calls and voicemails with XXXX XXXX XXXX XXXX and she advised me that XXXX XXXX XXXX XXXX is a third party collecting on behalf of XXXX XXXX XXXX and that the practices they were using to collect the debt did not reflect the practices of XXXX XXXX XXXX and that the account would be pulled back from them. She then asked me what I intended to do in regards to the account and I advised her that I was unsure how to proceed since I had been threatened with a lawsuit and criminal charges.

Company response to consumer: Closed with explanation