Consumer complaint received 2022-01-18
Company: Capital Collection Management LLC
State: TN
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am XXXX XXXX and I am submitting this complaint myself with no third party involved. I, XXXX XXXX, the consumer, natural person, and original creditor received a debt collection letter from XXXX dated XX/XX/2021. I am very aware of what a consumer credit transaction is. I am very aware of my open end credit plan that I posses pursuant to 15 USC 1601 ( TILA ). I am very aware based on the TILA ( Truth In Lending Act ) that any time I extend my credit to ANY creditor and my " credit card '' ( Social Security Card/Number ) is applied, that means the entire transaction has been paid for by me! Pursuant to 15 USC 1602, I know that my Social Security Card is in fact a credit card under my open end credit plan. I am also aware of the FDCPA ( Fair Debt Collection Practices Act ), and the abusive, deceptive and unfair debt collection practices that are used by many debt collectors ; including XXXX. The Fair Debt Collection Practices Act was put in place by congress to protect consumers such as myself, from illegal activities used by debt collectors such as XXXX. Pursuant to 15 USC 1692, XXXX is in violation of several Fair Debt Collection Practices Act laws by contacting me about a debt that I DO NOT owe them. There are also several federal violations in the contents of that said letter. Pursuant to the FDCPA, XXXX is now civilly liable to me in the amount of {$1000.00} per violation. Before I go into the violations, I want to make it very clear that I DID NOT and WILL NOT give XXXX any of my personal information or permission to use or publish any of my information in ANY WAY! Any use or sharing of my personal information by XXXX is Unauthorized use and aggravated identity theft. In the event that my information is used or shared by XXXX, I will seek litigation against their company for identity theft, unathorized use, defamation of character, fraud, court cost, attorney fees, and monetary relief for damages/injuries such as : XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

1. XXXX is in violation of 15 USC 1692 ( c ) ( a ) ( 1 ). I never gave XXXX permission to contact me in any way about a debt that I do not owe them, and they sent a debt collection letter to my address which is used for employment purposes. 

2. XXXX is in violation of 15 USC 1692 ( e ) ( 2 ) ( a ). They are misrepresenting the character and amount of an " alleged debt. '' In the contents of the letter, it states that I owe {$120.00}, when in fact according to congress, I know that I DO NOT owe anything because I am the one who credited the transaction and it was paid by my credit card already ( social security card. ) They know I do not owe because the " bill '' came in a positive balance. It is impossible to pay on a positive balance. They know that if I truly owed anything the bill would come in a negative balance. This is blatant and clear misrepresentation of the character and amount of the debt they claim I owe. 

3. XXXX is in violation of 15 USC 1692 ( e ) ( 10 ). They are using false representation and deceptive means to collect or attempt to collect on a debt or obtain information concerning a consumer ( ME ). Since this transaction was a consumer credit transaction and my social security number was used, I know that the entire original transaction was paid for already and now XXXX is contacting me without my prior permission and using deceptive means to engrave in me that I owe a debt and I must pay it. 

4. XXXX is in violation of 15 USC 1692 ( f ) ( 1 ). A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt of any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. I have NEVER done any business with XXXX, and they know that I have never signed any contract or agreement with them stating I will pay them any amount! This is a clear violation of the FDCPA! 

5. XXXX is in violation of 15 USC 1692 ( j ) ( a ), " It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. '' The letter/bill from XXXX does in fact state that they are trying to collect a debt that I allegedly owe someone else. I am the original creditor of the entire transaction because I credited it when I gave my credit card. XXXX is in violation of compiling and furnishing this form to make me believe they are collecting on a " debt '' when they are in fact not the creditor. They CAN NOT provide me any contract/agreement between myself and XXXX stating that I agree to pay them any amount. 

Pursuant to the Fair Debt Collection Practices Act, XXXX is now civilly liable to me, XXXX XXXX, in the amount of {$5000.00} which must be paid by check to my mailing address that they have on file.

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