Consumer complaint received 2018-01-30
Company: Capio Partners, LLC
State: OH
Product: Debt collection
Sub-product: Medical debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
RE : Capio Partners , LLC XXXX XXXX XXXX, XXXX XXXX XXXX, TX XXXX XXXX / XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX www.capiopartners.com XXXX XXXX XXXX XXXX contacted me by phone around XXXX EST on XX/XX/XXXX. The firm used an auto-dialer that hung up the call within seconds of me picking up and saying, hello? hello? 
This is a violation of the TCPA which states, in pertinent part, that debt collectors must have either prior written or oral consent if auto-dialer COLLECTION calls are made to a consumers wireless number pursuant to 47 C.F.R. 64.1200 ( a ) ( 1 ). 

Then, when I called the number back, a representative answered XXXX XXXX  implying that I was calling a law firm. I spoke with a debt collector for nearly 15 minutes who informed me of an alleged medical debt from 6 years agooffering absolutely no validation, evidence r assistance when I explained I was covered by insurance at that time. 

After several futile attempts to converse intelligently with her, when she was finally asked if this was a law firm and if legal action was being taken -- she stated they arent a law firm. 

She was asked why they are using a name that seems like a law firm with the intentional choice of partners and she stated they arent attorneys and they have no licensed attorneys in my state ( Ohio ) or where they operate ( in Texas ). This is in direct violation of 15 U.S. Code 1692e ( 3 ) which states in pertinent part : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. 
The entire course of the conversation the debt collector never said This is an attempt to collect a debt and we are not a law firm. Yet it continued to use its attorney name XXXX XXXX. Instead, the use of name XXXX XXXX was executed several times. The word partners is almost always utilized to describe law firmsno other business is recognized with the term Partners behind it other than attorneys. 
This violation was recently addressed by the CFPB when it fined XXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXXXXXX of XXXX, XXXX, and their president, XXXX XXXX XXXX, XXXX, {$570000.00} in relief to harmed consumers for falsely representing the status of a debt and implying debts were with a law firm for litigation review when in fact, they were not. 

Misrepresenting that a lawyer is involved in a debt collection action gives the collection a false weight, said CFPB Director XXXX XXXX. 

Just a few months later in XX/XX/XXXX, the CFPB went after an Ohio collection firm for the very same thing. According to the CFPB, the firm of XXXX XXXX XXXX XXXX XXXX falsely represented in millions of collection letters sent to consumers that attorneys were involved in collecting the debt. 
Debt collectors who misrepresent that a lawyer was involved in reviewing a consumers account are implying a level of authority and professional judgment that is just not true, CFPB Director XXXX XXXX   said in statement. 

Finally, the representative refused to adhere to its obligation to investigate a dispute stating, It ( the dispute ) wont make this go away even though I provided ample information for her to validate that the debt was covered under my insurance. Her response was that they purchased the debt, they arent allowed to file claims and its too late, anyway. As if that impacts my responsibility to pay a false debt. This is a direct violation of 15 U.S. Code 1692g which states 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.. 

Instead, she perpetuated the violation by continuing to demand payment. 

Capio Partners is no stranger to this behavior, they are currently involved in a proposed class action lawsuit for the very same violations of FDCPA and TCPA. 
XXXX XXXX XXXX I would like this firm to immediately close this account and not resell it to anyone. I would like the balance written off as it is not valid and was covered by insurance SIX years ago. If my credit report was affected, I would like them to immediately delete any reports. I would like the firm investigated by the CFPB for impersonating a law firm with the use of its name and intentional misrepresentation of its firm type, its willful violations of the FDCPA and TCPA. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief