Consumer complaint received 2017-06-24
Company: Account Control Bureau
State: TN
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On XXXX/XXXX/XXXX I officially disputed this debt with account control bureau. The company received the dispute on XXXX/XXXX/XXXX ( please see enclosed attachment ) In my dispute I officially stated not only that the debt was disputed and was requesting debt validation, but that I wanted proof that the statute of limitations had not expired, proof that I have any legal obligation to pay you, and proof that their company is licensed to collect in the state of XXXX, I have yet to receive these other pieces of information. I have done my own investigation on this debt. First and foremost, I contacted XXXX commons apts in XXXX XXXX. And the office stated that they have no record of this debt. Also after looking over the bill they sent I see that on the bill it clearly states that all conditions of the lease where fulfilled, yet no pet deposit is listed on the other deposits/credits section, even though pet damage is listed as the reasoning for the bill. Per XXXX XXXX XXXX, their pet deposit is {$300.00} dollars, and not seeing that listed on bill I assume the bill is incorrect, or that if a pet deposit was not payed the condition of the lease would not have been fulfilled so the bill is still not correct. Via the dispute I made on XXXX/XXXX/XXXX, they responded on XX/XX/XXXXthat they sent a notice on XXXX to the XXXX apartments address, an address that the bill they sent clearly states I do not live at, and had not lived at per the bill since XXXX/XXXX/XXXX. They also stated that, WE HAVE NOT CONTACTED YOU BC WE DID NOT HAVE A CURRENT PHONE NUMBER AND WE WERE UNABLE TO LOCATE ONE. 
Under FDCPA 809 part A ; 1. Within 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 consumer 's 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. 

All I received was part 1 and 2, I assume because they acknowledged that I disputed this claim on XXXX/XXXX/XXXX as the enclosed record shows. But I did not receive it within the first 5 days of recorded contact as required by law. This is FDCPA violation and punishable by a XXXX dollar fine. 

Also per FDCPA 809 part B ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section 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. 

Per my credit reports this debt is still being reported. I disputed this debt on XXXX XXXX. And clarified the account information with them on XXXX XXXX ( please see enclosed attatchment ). Yet the collection is still being reported to the credit bureaus. They did not cease collection of the debt as required by law, this is a FDCPA violation and is punishable by a XXXX dollar fine.

Company response to consumer: Closed with explanation