Consumer complaint received 2020-10-10
Company: Merchants and Medical Credit Corporation, Inc.
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX, GA XXXX Merchants and medical Credit Corporation , inc . 
XXXX XXXX XXXX XXXX MI XXXX XXXX : Collection account # XXXX To Whom It May Concern : I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an itemized list of the alleged charges you claim I owe you. This does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation In addition, in the case of  Spears Vs. Brennan ( IN THE COURT OF APPEALS OF INDIANA, No. 49A02-0003-CV-169 ), the court ruled that : 15 U.S.C. 1692g ( b ) ( emphasis added ). On November 12, 1996, nineteen days after the date of Brennans debt collection letter, Spears counsel Shepard sent Brennan a letter declaring that Spears disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof. Record at 21. As such, Brennan should have ceased his debt collection efforts immediately upon receiving that letter. Instead, Brennan proceeded to obtain a default judgment against Spears on the debt collection claim before he had mailed Spears the necessary verification and, thus, violated 15 U.S.C. 1692g ( b  ).

Brennan maintains, however, that there was no violation of the FDCPA because he sent adequate verification of the debt [ to Spears ] in the October 30, 1996 notice of claim. Brief of Appellee at 13. Specifically, Brennan claims that a copy of the consumer credit contract between Spears and American General attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. 1692g ( b ). We can not agree.

The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of Spears loan, including a 17.99 % annual interest rate and the original loan amount of {$2500.00}. The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments. Indeed, the existing unpaid contract balance at the time Brennan sent the debt collection notice was at least {$350.00} more than the original loan amount. Therefore, Brennan violated 15 U.S.C. 1692g ( b ) when he failed to cease collection of the debt by obtaining a default judgment against Spears after Spears had notified Brennan in writing that he was disputing the debt but before Brennan had mailed verification of the debt to Spears. We reverse the trial courts entry of summary judgment in favor of Brennan on this issue.

I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of {$1000.00}, plus actual damages and attorneys fees, which I may collect from you by filing a claim in XXXX XXXX.

Company response to consumer: Closed with explanation