Consumer complaint received 2019-12-23
Company: Sequium Asset Solutions, LLC
State: MA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This complaint is based on violations of the FCRA, the FDCPA and MGL c.93A of the Massachusetts Consumer Protection Act by the Respondent. 
___ On XXXX XXXX 2019, I reviewed my credit reports and saw a collection account reported by the respondent. This was the very first time I discovered the alleged debt. The respondent never mailed me an initial letter, and did not instruct me of my right to dispute the debt as required by the FDCPA and Massachusetts law. 
___ OnXX/XX/XXXX2019, I disputed the debt directly with the respondent in writing. In my letter, I requested the materials required by Massachusetts law 940 CMR 7.08 ( 2 ) to validate the debt. Attached please find a copy of my certified letter to this complaint. 
___ At no time did the respondent reply to my letter or validate the debt. 
___ On XXXX XXXX, 2019, I then disputed the account with the credit reporting agencies. In my dispute, I stated that I had no knowledge of the account, and that the respondent failed to validate the debt as required by Massachusetts law and the FDCPA. 
___ In the second week of XXXX 2019, I received the results of the re-investigations from the credit reporting agencies, where the respondent failed to cease collection of the debt, by telling the credit bureaus that they verified the account. 
___ It is well settled case law that verifying a debt to the credit bureaus before validating the debt to the consumer is the failure to cease collection of the debt, in violation of the FDCPA. See Semper v. JBC Legal Group 2005 WL 2172377, _*4 ( W.D. Wash. 2005 ). 
___ The Respondents failure to send validation of debt can only be construed that they do not have these materials in their possession. By verifying information to a credit reporting agency without account-level documentation, Respondent violated section 1681s-2 ( b ) of the Fair Credit Reporting Act. See Hinkle v. Midland Credit Management , Inc, No. 3:2013cv00033 ( S.D. Ga. 2015 ). 
___Based on the aforementioned facts ( and supported by the attached certified letter ), the respondent engaged in following wrongful conduct : ___ ( a ) Violation of the FDCPA 15 USC 1692g ( b ) in that they have continued collection activity while failing to  validate the debt. 
___ ( b ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount of legal status of the debt. 
___ ( c ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute to the credit reporting agencies. 
___ ( d ) Violation of the FCRA 15 USC 1 681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate or unverifiable information on my credit reports. 
___ ( e ) Violation of 940 CMR 7.08 ( 2 ) and MGL c.93A 2 in that they failed to cease collection of the debt before providing the materials required by Massachusetts law.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation