Consumer complaint received 2023-09-12
Company: Essential Lending Inc
State: TX
Product: Debt collection
Sub-product: I do not know
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/2023 at approximately XXXX XXXX my wife, XXXX XXXX XXXX received a phone call from a XXXX XXXX with XXXXXXXX XXXX from XXXX, They claimed that they were attempting to file a court summons and wanted to call her first. My wife indicated she did not know who XXXX was, that she had an attorney handling all of this, and had never done business with them and to please Cease and Desist *ALL* communication with her and to anyone she may know. The agent kept persisting, and finally at XXXX the phone call ended. At no time did the agent give the XXXX XXXX as required by law. 
At XXXX my wife received a call from the same phone number, and the person hung up on her, and again at XXXX. I stress at this time my wife gave a FULL cease and desist all contact with her or anyone she knows. 

At XXXX, a XXXX XXXX XXXX was called, and at XXXX a voice mail message was left with XXXX XXXX XXXX ( an associate of XXXX XXXX XXXX ) explaining that XXXX had a " public record for location information '' to be filed against her. If she didnt call back her " legal rights will be forfeited '' and that this was a " legall notification by telephone ''. 
Keep in mind this message was left on a THIRD PARTIES cell phone. I have record of this conversation. 

At XXXX am XXXX, I, XXXX XXXX XXXX, and the husband of XXXX XXXX XXXX, was contacted by this same individual, XXXX XXXX of XXXX XXXX.. She asked for me personally, I verified by name only and advised I was XXXX 's spouse. I immediately requested the physical address of the business, and was given XXXX XXXX XXXX, # XXXXXXXX XXXX, NY, XXXX. ( This address is a postal service drop and not the address of the company itself ) At no time did she attempt to verify XXXX 's personally private information ( XXXX, Address, XXXX, etc ) nor give me the required XXXX XXXX or advise that I was not personally responsible for the debt. She went into telling me that there was going to be a legal filing against XXXX for a returned ACH and a tax XXXX and potential garnishment of wages after a " circuit curt judge '' hears the case. She claimed the amount would be over {$7000.00} after attorney costs and court fees. I asked who the attorney would be - and she claimed it would be a XXXX XXXX. During the conversation- I looked at the XXXX XXXX XXXX New York and could find no XXXX XXXX listed. She stated that the original creditor was Wise Loan or Essential Lending. ( Again, she had NOT given me ANY required disclosures ). 
She advised that a legal filing was imminent. At this time- I advised her of the several violations of not only NY law, Texas Law, and the FDCPA violations. She again went into legal language, and at this time, I advised I would need XXXX XXXX 's Bar # so I could file the appropriate complaints. I was then forwarded to a Manager, a XXXX XXXX, who claimed XXXX XXXX was in a meeting, and that he ( XXXX XXXX ) didnt know his bar number. He claimed he could have XXXX XXXX call back himself. At this time I politely ended the call. 

As someone who spent over 30 years in the collection industry as a Manager, I find that the behavior at this firm AFTER given a verbal cease and desist for all communication to stop, ABHORRENT. I will list the FDCPA violations below : XXXX ) Calling my wife back 2 times and hanging up - HARASSMENT - Section 804 2 ) Calling relatives or associates AFTER being given a Cease and Desist - 804 and 805.b 3 ) Disclosing to a third party that a debt is owed - Section 804 and 805.b 4 ) Using " legal language '' and threatening to garnish language - 807.4, 807.13 5 ) Not providing the XXXX XXXX to either XXXX or myself ( XXXX separate calls ) 807.11 It is SIX separate violations of the FDCPA in less than XXXX hours time. I am sure that there are other calls made on this account in the subsequent time frame AFTER the cease and desist was made. This is a total of {$6000.00} in blatant and purposeful violations of the law.

Company response to consumer: Closed with explanation