Consumer complaint received 2021-10-26
Company: Universal Recovery Corporation
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I am the natural person and consumer who is submitting a dispute against Universal Recovery Corporation a debt collector pursuant to 15 U.S. Code 1692a in regards to an alleged debt ( defined as any obligation or alleged obligation of a consumer pursuant 15 U.S. Code 1692a ). XXXX of XXXX, I received an alert from XXXX XXXX that my credit score dropped. I logged in to see that my credit score dropped XXXX points because of a collection account Universal Recovery Corporation reported to XXXX saying that I owed {$79.00} to XXXX XXXX XXXX On XX/XX/XXXX @ XXXX XXXX, I made a call to Universal Recovery Corporation and spoke with a supervisor by the name of XXXX  . I informed XXXX that I never received any mail ( communication ) in regards to this alleged debt and was not given the opportunity as a consumer to request validation or verification pursuant to 15 U.S. Code 1692g. XXXX told me that mail was sent in XXXX of XXXX to the address given by XXXX XXXX XXXX which was XXXX XXXX. I informed XXXX that I moved from that location in XXXX and requested that documentation be mailed to my current abode but was told by XXXX that they are not required to resend mail and that he would update my account to disputed, which he did. This account was last updated on XX/XX/XXXX and I have yet to receive a Determination or Notice of Determination pursuant to 15 U.S. Code 1681i Procedure in case of disputed accuracy and backed by law 12 CFR 1022.43 ( e ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ; 12 CFR 1022.43 ( f ) ( 2 ) ( 3 ). 

As a Federally Protected Consumer, I am aware that Universal Recovery Corporation violated several of my consumer rights under the Rosenthal Act and Fair Debt Collection Practice Act. Pursuant to 18 U.S. Code 8, all debt is the obligation of the United States. The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. Below are listed the violations committed by Universal Recovery Corporation in the pursuit to collect an alleged debt. 

When Universal Recovery Corporation mailed communication about the collection of an alleged debt to a location I did not dwell ( mail was sent to someone other than myself ) and reported this alleged debt to the Consumer Reporting Agency they violated 15 USC 1692b ( 2 ) : Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not state that such consumer owes any debt. ( In doing this, Universal Recovery Corporation also compromised my Personal Information ). 

Universal Recovery Corporation has also violated my right to privacy by committing identity theft. 15 U.S. Code 1681a - Definitions ; rules of construction ( q ) Definitions Relating to Fraud Alerts. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. Universal Recovery Corporation never received written instructions from me authorizing the furnishing of any information to third parties in violation of 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

Mailing communication to me, the consumer without my consent to another location other than my abode was unusual and inconvenient to me, the consumer therefore Universal Recovery Corporation violated 15 U.S. Code 1692 ( c ) ( a ) ( 1 ) : Communication with the consumer generally without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer and ; ( b ) without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Universal Recovery Corporation reported {$79.00} to the Consumer Reporting Agency. A consumer can not pay on a positive amount ( credit ), only a negative ( - ) amount therefore Universal Recovery Corporation Presented false or misleading representation pursuant to 15 U.S. Code 1692 ( e ) ( 2 ) ( A ) : The false representation ofthe character, amount, or legal status of any debt ; By reporting this alleged debt to the Consumer Reporting Agency, Universal Recovery Corporation has used profane and abusive language that caused harm to my credit health and reputation ( credit score decrease ) therefore violating 15 U.S. Code 1692d Harassment or Abuse : A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person ; ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

In addition, according to the Fair Debt Collection Practices Act, a Debt Collector is required by Federal Law to verify the with the physical original written and signed consumer contract on recording, related to the account they are attempting to collect on. Otherwise, anyone paying for their Debt Collection services could fax, mail or email in a fraudulent account. Under the FDCPA, unverified accounts are considered a Fictitious Obligation and any demand for payment of such is an attempt to extort and administer property without right. ( 18 U.S. Code Fictious Obligation ( a ) Whoever, with the intent to defraud ( 1 ) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States ; ( 3 ) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.

Company response to consumer: Closed with explanation