Consumer complaint received 2023-01-31
Company: RS Clark and Associates, Inc.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
XXXX XXXX and XXXX has violated my consumer rights by continuing to furnish data to the consumer reporting agencies regarding an alleged debt as if they are the original creditor. They are violating federal law USC 1692e. They are falsely reporting information to the credit bureaus for an alleged debt not owed to XXXX XXXX. XXXX XXXX placed a collection on my consumer credit report without following the proper procedures and they are in VIOLATION of the following federal laws : 15 USC 1692G-I never received an initial communication from this debt collection company about the alleged debt or the ORIGINAL CREDITOR. I demand this debt to be removed from their system and from the credit bureaus systems immediately. The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. According to 15 USC 1692J It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. According to 15USC 1692g ( collection agency ) has failed to provide all of the information required in the law below as well. 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. According to Texas Finance Code Sec. 393.202 the collection agency has repeatedly violated the code below by utilizing the stall tactic in their response letters without providing any validation of the alleged debt. d ) If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately : ( 1 ) change the item in the relevant file as requested by the individual ; ( 2 ) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection ( c ) and a copy of the changed report; and ( 3 ) cease collection efforts. ( e ) On completion by the third-party debt collector of the investigation, the third-party debt collector shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector determines that the information was accurate, the third-party debt collector may again report that information and resume collection efforts.

15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.

Company response to consumer: Closed with explanation