Consumer complaint received 2022-04-07
Company: Telerecovery Corporation
State: LA
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Im writing in reference regarding XXXXXXXX XXXX XXXX  XXXX and Telerecovery of Louisiana Inc whom both have through noncompliance negligently violated my consumer rights under the 15 U.S.C. 1692e which states : 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 : ( 2 ) The false representation of ( A ) The character, amount, or legal status of any debt.

( The Letters is attached Exhibits A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F ) ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 9 ) The uses or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any state, or which creates a false impression as to its source, authorization, or approval. 
( 10 ) The uses of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 13 ) The false representation or implication that documents are legal process.

( The Letter is attached Exhibit A ) Unknowingly to myself and respectfully through no known communication of the United States Postal Service, telephone, email, fax or social media was I made aware that Telerecovery of Louisiana Inc., who list themselves on my credit report as a debt collector as define in 15 U.S.C. 1692a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

( The Letters are attached Exhibit B, Exhibit C, Exhibit E, Exhibit F ) Nor that Telerecovery of Louisiana XXXX, had sold, transferred, enlisted, or retained XXXX XXXXXXXX XXXX, XXXX concerning the alleged debt that XXXXXXXX XXXX XXXX XXXX was acting as a legal entity on the behalf of Telerecovery but instead listed themselves as the debt collector as defined 15 U.S.C. 1692a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 
( The Letters are attached Exhibit A, Exhibit D ) There isnt reference on any of XXXX XXXX XXXX, XXXX pass or present correspondents, ( The Letter is attached Exhibit A, Exhibit D ) that states that XXXX XXXX XXXX, XXXX represents Telerecovery of Louisiana XXXX, which is a violation of 15 U.S.C. 1692 e which states : Use any name other than the true name of the debt collectors business, company, or organization.

Telerecovery of Louisiana Inc. continues to report to the credit bureau that they are in fact THE debt collector as defined in 15 U.S.C. 1692 a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 
( The Letters are attached Exhibit B, Exhibit C, Exhibit E, Exhibit F ) In terms of communication to myself XXXX XXXX XXXX, XXXX is stating themselves as THE debt collector as defined 15 U.S.C. 1692 a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 
( The Letters are attached Exhibit A, Exhibit D ) The dual listing as debt collectors on both parties is misleading. 


XXXX XXXX XXXX, XXXX mailed through United States Postal Service a letter that resembled a File to Suit as if composed allegedly from original creditor that would allow one XXXX XXXX XXXX, XXXX a suit through the Courts this violates 15 U.S.C. 1692e which states : ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. 
( 9 ) The uses or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any state, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The uses of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 13 ) The false representation or implication that documents are legal process. 
( The Letter is attached Exhibit A ) XXXX XXXX XXXX, XXXX and Telerecovery of Louisiana XXXX both have sent various amounts concerning the alleged debt ; XXXX XXXX XXXX, XXXX has sent these various amounts through United States Postal Service as mail correspondents ( The Letter is attached Exhibit A, Exhibit D ). 

Telerecovery of Louisiana Inc., have reported these various amounts through the credit bureaus which is a violation of 15 U.S.C. 1681s-2 which states : ( a ) Duty of Furnishers of Information to Provide Accurate Information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( 2 ) Duty to correct and update information. A person who ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

( The Letters is attached Exhibit B, Exhibit C, Exhibit E ) Telerecovery of Louisiana Inc. who list themselves as debt collector as defined 15 U.S.C. 1692 a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 
Then chose to report another alleged update to XXXX with yet another amount of the alleged debt. ( The Letter is attached Exhibit F ) XXXX XXXX XXXX, XXXX was sent by way of the United States Postal Services a Certified Letter, requesting verification of the alleged debt ( The Letter is attached Exhibit G, Exhibit H ). 

XXXX XXXX XXXX, XXXX failed to respond the thirty-day ( s ) period as defined in 15 U.S.C. 1692 g which states : a ) Notice of debt, contents 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.

( 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. 


XXXX XXXX XXXX, XXXX also willingly mailed said alleged verification letter to an address which I no longer resided at in efforts to delay a timely response. Even though the Certified Letter ( The Letter ( s ) is attached Exhibit H ) both clearly Noted the Correct Address for mail correspondents to be received. XXXX XXXX XXXX, LLC on their own correspondent Reference the upper left of the header on the letter, it shows that the letter was sent on XX/XX/2022, being well aware that the address was invalid ( The Letter is attached Exhibit D ). By doing so XXXX XXXX XXXX XXXX caused even further delay of a response with 30 days as defined in 15 U.S.C. 1692 g which states : a ) Notice of debt, contents 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.

( 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. 

In the correspondent received from XXXX XXXX Firm, XXXX there included no statement to allow for dispute after correspondent was received which didnt include a tear-off dispute/pay slip ( The Letter is attached Exhibit D ). 

As stated before XXXX XXXX XXXX, XXXX correspondent is misleading by stating that the original creditor is Our Client and they ( XXXX XXXX XXXX, LLC ) are the debt collector as defined in the 15 U.S.C. 1692a ( 6 ) which states : ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collections of any debt, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts uses any name other than his own which would indicate that a third person collecting or attempting to collect such debts. For the purpose of section 1692 ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 
( The Letters are attached Exhibit A, Exhibit D ) The Correspondent has listed amounts of how said alleged debt amounts are being formulated and compiled but this alleged statement errs in the fact that the law requires an understanding of how alleged debts are calculated. In the terms of interest, collections charges, NSF Fees and credits. If not for the laws that govern these things, anyone could present any said amounts that one feels are allegedly owed. ( The Letter is attached Exhibit D ) The correspondent also states a copy of a contract which was not enclosed. Clearly there is no proper documentation as to any of the alleged debt or charges. 
The law very clear on this matter of such. therefore, I respectfully am looking forward to hearing from your bureau concerning this matter.

Company response to consumer: Closed with explanation