Consumer complaint received 2023-02-03
Company: AFNI INC.
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
NOTICE TO CEASE AND DESIST I AM DEMANDING YOU CEASE AND DESIST ALL COMMUNICATION WITH ME REGARDING THIS DEBT. INCLUDING ILLEGAL REPORTING ON MY CONSUMER REPORT. 


I never gave sprint any written consent to use my private non public consumer information with any affiliated or non affiliated third party. Nor have I ever contracted with Afni Inc . Whom put a total balance of {$690.00} on my consumer report which is damaging to my reputation and my character.

Detailed Request for validation of the debt : I am requesting a validation of the debt that was collected by Afni Inc. along with this complaint. The Truth in Lending Act ( TILA ), which is part of the Consumer Credit Protection Act ( CCPA ) of 1968, requires creditors to disclose important information about the cost and terms of credit to consumers before they enter into a credit transaction. This helps consumers understand the terms and costs of a credit transaction and make informed decisions about whether to enter into the transaction. Debt collectors, on the other hand, are regulated by the Fair Debt Collection Practices Act ( FDCPA ), which regulates their behavior and communication with consumers.

In any request for validation of the debt, these laws work in tandem. TILA addresses issues between a creditor and a consumer, while the FDCPA addresses issues between a debt collector and a consumer. In this case, SPRINT/Afni Inc. assumed both the role of creditor and collector, by buying the debt from the original creditor. I am requesting detailed proof that the debt was valid, including a copy of the original contract or agreement with my wet signature, and a detailed and signed contract or agreement that the debt collector had the legal right to collect on the debt, including the signed terms between the creditor and collector ( SPRINT/AFNI INC ) sold along with the debt, the amount of the debt, and the name, address, and phone number of the original creditor. Under the FDCPA, Section ( a ) states that a debt collector ( AFNI INC/SPRINT ) must provide validation of the debt to the consumer within five days of the initial communication. I did not receive this validation, which constitutes a violation of the law. Furthermore, the failure to validate this debt violates the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1692g ( b ). I request AFNI INC. to send me the validation of this debt as requested above. If AFNI INC. fails to validate the debt, I dispute the reporting of this debt, and request AFNI INC. to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). Detailed Request for verification of the debt : I am also writing within this complaint, a direct and official request for information from AFNI INC. regarding the original contract of the debt that they collected. Pursuant to the Fair Credit Reporting Act ( FCRA ), as a consumer, I have the right to request verification of the debt. The information I am requesting ( 15 items ) includes : The original creditor 's name and account number associated with the debt The name and address associated with the debt The date the account was opened and the date it was charged off or sent to collections The date the account was first reported as delinquent to the original creditor ( original default date ) Itemized billing and payment history associated with this debt The original amount of the debt and the current balance A signed copy of the original contract or agreement, including any terms and conditions that were agreed upon A signed agreement/contract that shows the debt has been assigned or sold to the collection agency The signed terms of debt assignment to the collections agency by the original creditor Information about any interest, fees, or penalties that have been added to the debt Signed proof of ownership of this alleged debt, including documentation or proof that the collection agency has the legal right to collect the debt, such as a signed copy of the original contract or loan agreement The current account number associated with the debt A breakdown of any fees or interest that have been added to the debt Information on any previous collection agencies that attempted to collect the debt The statute of limitations on the debt in Pennsylvania The FCRA requires Afni Inc. to provide this information within 30 days of receipt of this request ( 15 U.S.C. 1692g ( a ) ). Any failure to verify this debt as requested above violates the FCRA, specifically 15 U.S.C. 1692g ( b ). In the event that AFNI INC. fails to verify the debt, I dispute the reporting of this debt and request AFNI INC. to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). However, if XXXX XXXX XXXX can verify the debt with the above request, I will accept the reporting as accurate. It is important for XXXX XXXX XXXX to note the written nature of these requests for validation and verification of information on the debt. Similarly, the responses must be made in writing, and failure by XXXX XXXX XXXX to comply with these requests may result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Furthermore, these requests are in line with the FCRA which requires the collections agency to provide me with the documentation that I have requested. I am calling on the Consumer Financial Protection Bureau ( CFPB ) to closely monitor their practices and hold AFNI INC. accountable for their actions. The Fair Credit Reporting Act ( FCRA ) requires credit reporting agencies to reinvestigate credit reports when they receive notice of a dispute, as per 15 U.S.C. 1681i ( a ) ( 1 ) ( B ). I believe that the CFPB has an important role to play in ensuring that credit reporting agencies comply with this requirement and that consumers like myself are protected from unfair treatment. I respectfully request the CFPB to require an update of my credit report to reflect the accurate reporting anticipated out of this complaint. Just like all Americans, I believe that my credit report should only contain accurate and verified information. I appreciate your attention to my long complaint and to this matter and look forward to your response.

Company response to consumer: Closed with explanation