Consumer complaint received 2019-12-13
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Ive asked USAA to release the certificate of title of my vehicle and the release of the lien on my vehicle unless they can validate the debt their claiming that I owe. requisites for validating the debt by law are : 559.565Enforcement action against out-of-state consumer debt collector. The remedies of this section are cumulative to other sanctions and enforcement provisions of this part for any violation by an out-of-state consumer debt collector, as defined in s. 559.55 ( 8 ). 
( 1 ) An out-of-state consumer debt collector who collects or attempts to collect consumer debts in this state without first registering in accordance with this part is subject to an administrative fine of up to {$10000.00} together with reasonable attorney fees and court costs in any successful action by the state to collect such fines. 
( 2 ) Any person, whether or not exempt from registration under this part, who violates s. 559.72 is subject to sanctions the same as any other consumer debt collector, including imposition of an administrative fine. The registration of a duly registered out-of-state consumer debt collector is subject to revocation or suspension in the same manner as the registration of any other registrant under this part. 
( 3 ) In order to effectuate this section and enforce the requirements of this part as it relates to out-of-state consumer debt collectors, the Attorney General is expressly authorized to initiate such action on behalf of the state as he or she deems appropriate in any state or federal court of competent jurisdiction. 
History.ss. 5, 13, ch. 93-275 ; s. 818, ch. 97-103 ; s. 2, ch. 2010-127. 
559.715Assignment of consumer debts.This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. 
History.s. 1, ch. 89-69 ; ss. 6, 13, ch. 93-275 ; s. 3, ch. 2010-127. 
559.72Prohibited practices generally.In collecting consumer debts, no person shall : ( 1 ) Simulate in any manner a law enforcement officer or a representative of any governmental agency. 
( 2 ) Use or threaten force or violence. 
( 3 ) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtors reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection ( 6 ). 
( 4 ) Communicate or threaten to communicate with a debtors employer before obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. However, this does not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained. 
( 5 ) Disclose to a person other than the debtor or her or his family information affecting the debtors reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false. 
( 6 ) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days. 
( 7 ) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family. 
( 8  ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family. 
( 9 ) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. 
( 10 ) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not. 
( 11 ) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare. 
( 12 ) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney. 
( 13 ) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor. 
( 14 ) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts. 
( 15 ) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents if requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt. 
( 16 ) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to XXXX, XXXX XXXX or XXXX, XXXX XXXX. 
( 17 ) Communicate with the debtor between the hours of XXXX XXXX. and XXXX XXXX in the debtors time zone without the prior consent of the debtor. 
( a ) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtors telephone is located in a different time zone. 
( b ) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtors last known place of residence, unless the person reasonably believes that the debtors telephone is located in a different time zone. 
( 18 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the debtors attorney fails to respond within 30 days to a communication from the person, unless the debtors attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication. 
( 19 ) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees. 

( a ) Notice of debt ; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
( b ) Disputed debts 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, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a )  unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

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