Consumer complaint received 2021-07-06
Company: RMS-Recovery Management Services, Inc.
State: MS
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. 

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 

" If a consumer disputes information with the CRA, both the CRA and the furnisher have a duty to reasonably investigate and verify that the information is accurate. Both the CRA and the furnisher must have complete knowledge of the account from the original creditor ( if applicable ) and must be able to provide a complete history of the alleged debtors account, all ledgers and/or statements, all signed and dated contract and/or agreement. The aforementioned must include contract and/or agreement that is signed and dated between the consumer and the furnisher. Both the CRA and the furnisher must provide the complete credit account in dispute for alleged debtor within 30 days required under Fair Credit Reporting Act. 15 USC 1681 ( a ) ( 1 ) ( A ), 1681s-2 ( b ). '' In accordance to the case of Boggio v. USAA Federal Savs. Bank, 696 F.3d 611 ( 6th Cir. 2012 ) ... the presiding judge found that.

*** '' Does furnisher conduct a reasonable investigation in response to an ACDV if it asks the debtor to provide a fraud affidavit or a police report? Answer. No. A consumers refusal to fill out police report or fraud affidavit does not impact the furnishers duty to conduct a reasonable investigation and validate the legitimacy of accounts in dispute or request for validation by consumer. '' At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX XXXX XXXXXXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 
My attorney and your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 

If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my firms managing attorney for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 
Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
Date this alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to collector. 
Complete accounting of alleged debt. 
Commission for debt collector if collection efforts are successful. 
Copy of bond and license to do business in my state and state of where alleged debt was acquired. ( This is the bond and license that your company filed with the Secretary of State where alleged debtor resides. ) Please provide the name and address of the bonding agent for Recovery Management Services in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. 

Regards, cc Federal Trade Commission Mississippi Attorney General XXXX XXXX XXXX Consumer Finance Protection Bureau

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation