Consumer complaint received 2022-02-02
Company: Rausch Sturm LLP
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
IMMEDIATE NOTICE TO CEASE AND DESIST ALL COLLECTION AND REPORTING ACTIVITY ON THIS ACCOUNT.

As you are well aware, over 5 attempts have been made to validate this account with your company. Your company has been contacted personally in writing as well as via phone to discuss concerns about various points of inaccurate information that has been reported to credit reporting agencies. However, you have continued to deliberately deny my consumer rights. I have made your company aware of several inaccuracies regarding this account on numerous, documented occasions in my repeated request for proper and legal debt validation.

Here are the violations of federal laws that your company are intentionally engaging in : 15 U.S. Code 1692g - Validation of debts 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.

( 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.

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).

( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of XXXX XXXX [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 
It has been revealed that you are in violation of SEVERAL FEDERAL LAWS. In accordance to the Authorization of Action : Authorization of Acts Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 

Providing accurate information to Consumer Reporting Agencies 15 USC 1681 s-2 ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors a person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.

( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.

You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

YOU HAVE 10 Calendar days to DELETE THIS ACOOUNT FROM MY CONSUMER REPORTS! 
-- Likewise, you are in violation of reporting in accordance to the Internal Revenue System. By federal law : You must report canceled debt as gross income on your business tax return. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! 

Also, it is important to notate that that on XX/XX/2020 a request was made with a XXXX representative via phone, XXXX XXXX who acknowledged on a recorded line during the call that took place from XXXX to XXXX that the said account was in fact charged off. She acknowledged that the debt was illegally forwarded to Rausch Collection Agency and a 1099-C form was not mailed as requested. A request was made for this form during this conversation. To date, the consumer has not been provided such form ( s ).

Again, by definition of the IRS : Clearly states a Cancelled or Charge off is Income. The reporting of this account as a debt is in accurate.

15 USC 1681 s-2 states that you act as a furnisher of information to a consumer reporting agency. 

You ARE PROHIBITED BY LAW to furnish inaccurate information. Again, I demand you to Cease and Desist the reporting of incorrect/ in accurate information immediately.

15 USC 1681 s-2 ( a ) ( 1 ) ( A ) You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

YOU HAVE 10 Calendar days to DELETE THIS ACOOUNT FROM MY CONSUMER REPORTS!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation