Consumer complaint received 2022-04-07
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I received an email from genesis collection agency on XX/XX/XXXX in regards to an apartment I moved out of in XX/XX/XXXX. I responded the next day XX/XX/XXXX to the email indicating I was disputing the account and that I was asserting my rights under the FCRA that all collection activity stop until the account was validated, I placed in the email my current address and asked all correspondence be sent. 

On XX/XX/XXXX I received a notice that a collection account was placed on my credit report and since I am in the process of buying a house and my credit score dropped XXXX points, I was irate. I contacted the collection agency I asked why wasnt the information I requested sent to my home address I was told the information was sent to my last known address which was the apartment complex they had purchased the account from and it was my responsibility to update complex of my new address - which I have documented proof I did. In addition, the employee didnt seem to know what I was talking about when I brought up the email that I was sent and I responded to. I also told the gentleman that I did not owe what was being shown he asked if I did a walk out and I responded no but I was NEVER sent any invoices showing I owed this he said good luck with that. 

I then asked to speak with a manager and was transferred to a man by the name of XXXX. He reiterated the statement about the address when I said I did update my address he retorted can you prove it with USPS documentation. While it was over 3 years ago - I indeed could prove it. 

I also told XXXX the amount was not valid I sent him paperwork from the Manager at the Apt complex that substantiated there was an agreement to move earlier, an email that showed I had returned all my keys, the replacement blinds were paid for, and that I did not owe 3 months of utilities - I also requested receipts of the work that was allegedly done because this information was never given to me by the XXXX XXXX. XXXX XXXXXXXX XXXX response was it didn't matter if the apartment complex released me early from my lease at which time, I told him I was month to month not on a lease but the email between myself and the XXXX XXXX company clearly establish the XXXX XXXX Company approved my 30-day notice. His position was it didnt matter if the Apartment Company agreed to a 30 day move out my lease states, I needed to give 60 days he substantiated this by sending me the first page of a lease that was expired 4 months. I asked XXXX did this collection agency buy this debt or were they collecting on behalf of the XXXX XXXX - XXXX communicated it wasnt bought the account had been assigned to Genesis. 

I communicated that I will not pay for something I do not owe. His response was that it could sit on my credit report and good luck with my mortgage. I did pay the full amount under protest because I was closing on a mortgage and this placed my mortage loan in jeopardy. 

After it was paid, I reached out to the XXXX XXXX company to dispute the collection account and recoup the money that I did not owe. However, I was told at that time XXXX no longer owned the account it had been sold to the collection. agency Which in hindsight makes sense because the collection agency could have confirmed all this information with the XXXX XXXX Company, but they didnt This collection agency has violated numerous FCRA laws. The changes in the laws regarding 3rd party collection agencies in XX/XX/XXXX gave had stricter guidelines. None of which Genesis followed. They circumvented the FCRA and intentionally placed a collection account on my CR as a way of collecting. These tactics are the exact reason the laws had been changed. The law established When can a debt collector report my debt to a credit reporting company? 

****There are certain steps debt collectors must take before they can report a debt to a credit reporting company. They must do any of the following : Send an electronic communication about the debt and wait for a reasonable amount of time, generally 14 days, in case it is returned as undeliverable. 

****I received an email from this collection agency on XX/XX/XXXX I responded XX/XX/XXXX saying this account was being disputed. I requested that they send me a copy of invoices for what I allegedly owed. Since I was within my XXXX dispute period, I requested collection activity stop including reporting to the CRA in accordance with the FCRA I included in my email my home address Speak to you by telephone or in person about the debt : The first time we spoke it was on XX/XX/XXXX when the account was reported to the CRA. 

The correspondence must include the consumer has 30 days to dispute account if it's not disputed within 30 days the debt will be deemed accurate This was not on in the notice The correspondence must state the account will be reported to the CRA : ****Nowhere in the correspondence It is a violation of the FCRA to pursue collection activity, including reporting accounts to the CRAs when a dispute is received within the 30-day time frame. And I did dispute the account ****Dispute was sent XX/XX/XXXX requesting information XX/XX/XXXX it was placed on my credit reports. 

****They misrepresented who the debt belonged to This collection agency was aware of my impending mortgage and they used that as leverage to pay an account that was being disputed ( and still disputing ) after I had clearly communicated this to XXXX XXXX Of course, his next comment about just leaving the collection my credit report and good luck with my mortgage sums up their whole unethical collection practices

Company response to consumer: Closed with explanation