Consumer complaint received 2018-10-01
Company: Cottonwood Financial Ltd.
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
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 collection of any debts, 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 is collecting or attempting to collect such debts WITH THAT BEING SAID, SINCE COTTONWOOD FINANCIAL LLC IS DBA CASH STORE, THEY FALL UNDER FDCPA GUIDELINES. 

UNDER 807. False or misleading representations : 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 : ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 

NOW, WITH THAT BEING SAID, YOU WERE TRYING TO REACH ME FOR A WHILE, BUT BECAUSE I HAD BEEN IN THE HOSPITAL FOR 1 DAY A WEEK FOR 2 CONSECITIVE WEEKS FOR XXXXXXXX XXXX, HAD A TRIP TO THE ER WITH A XXXX XXXX XXXX, AND THEN WE HAD A DEATH IN THE FAMILY, I WASN'T ABLE TO RETURN THE CALL RIGHT AWAY. 

HOWEVER, WHEN I CALLED THE CORPERATE OFFICE TO RETURN THE PHONE CALL THAT WAS IN MY CALL LOGS ON XX/XX/XXXX at XXXX XXXX., NOT ONCE DID YOU EVER READ ME THE MEANINGFUL DISCLOSURE AS REQUIRED BY THE FDCPA, AND SEING AS HOW YOU NEVER LEFT ME A MESSAGE, THE FIRST INITIAL COMMUNICATION DIDN'T START UNTIL I RETURNED THE PHONE CALL THAT WERE IN MY CALLER ID. 

AS PER THE FDCPA, UNDER 807. False or misleading representations : in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 

WITH THAT BEING SAID, WHEN I CALLED YOU BACK ON XX/XX/XXXX at XXXX XXXX, TO RETURN THE PHONE CALLS THAT WERE IN MY CALL LOGS, AND YOU GUYS ANSWERED THE PHONE, YOU FAILED TO DISCLOSE THE MINI MIRANDA AS REQUIRED BY THE FDCPA UNDER 807. False or misleading representations ( 11 ). 

The FDCPA defines communication as the conveying of information regarding a debt [ either ] directly or indirectly to any person through any medium. 15 U.S.C. 1692a ( 2 ). SO, WHEN I CALLED YOUR COMPANY, AND I TALKED TO YOU ABOUT THE ACCOUNT IN QUESTION, IT WAS AT THAT VERY MOMENT, YOU WERE IN VIOLATION OF FDCPA 807. False or misleading representations ( 11 ) BECAUSE YOU FAILED TO GIVE ME MENINGFUL DISCLOSE UPON THE FIRST INITIAL COMMUNICATION. 

THE PERSON I TALKED TO ON XX/XX/XXXX, TALKED TO ME FOR 4 MINUTES AND 10 SECONDS. DURING THAT TIME, SHE HAD THE OBLIGATION TO ABIDE BY LAW AND UNDER FDCPA REQUIREMENTS, TO DISCLOSE MEANINGFUL DISCLOSURE! 

FACTS OF LAW : 1. I RETURNED YOUR CALL YOU ON XX/XX/XXXX. 

2. OUR FIRST INITIAL CONVERSATION WAS XX/XX/XXXX. 

3. YOUR REP FAILED TO PROVIDE MEANINGFUL DISCLOSURE AS REQUIRED BY FDCPA REGULATIONS. 

4. DURING THE XX/XX/XXXX PHONE CONVERSATION, I WAS ON THE PHONE WITH YOUR REP FOR 4 MINUTES, AND 10 SECONDS WITH HER. SHE HAD PLENTY OF TIME TO PROVIDE THE FDCPA REQUIRED MEANINGFUL DISCLOSURE. 

5. I DID NOT RECIEVE THE REQUIRED MEANINGFUL DISCLOSURE UNTIL XX/XX/XXXX WHEN I RECIEVED A LETTER FROM YOU DISCLOSING IT. THAT'S IT. 

WHICH MEANS THAT THE LETTER YOU SENT TO ME, WAS SENT OUT AFTER THE FIRST INITIAL COMMUNICATION, WHICH BY THE WAY WAS ORAL, AND AT THAT TIME, YOU WERE REQUIRED TO GIVE THE FDCPA MEANINGFUL DISCLOSURE. 

SO, SINCE YOU NEVER DISCLOSED THE MEANINGFUL DISCLOSURE WHILE I HAD YOUR REP ON THE PHONE WITH ME, DURING OUR FIRST INITIAL COMMUNICATION ON XX/XX/XXXX, YOU NOW HAVE A FDCPA VIOLATION FOR FAILURE TO GIVE MEANINGFUL DISCLOSE. 

SO, YOU CAN CONSIDER THAT YOUR FIRST FDCPA VIOLATION AGAINST YOU! 

UNDER FDCPA 806 : 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 : ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
NOW, WITH THAT BEING SAID, WHEN WE SPOKE ON THE PHONE ON XX/XX/XXXX, I TOLD YOU THAT MY WIFE HAD BEEN LAID OFF FROM HER JOB. THEREFORE, YOU HAD PRIOR KNOWLADGE OF THE LAYOFF, YOU KNEW WE WEREN'T GOING TO HAVE THE MONEY TO MAKE ANY KIND OF PAYMENTS TO YOU BECAUSE OF THE LAYOFF. YOU ALSO KNEW I WAS ON SSI DISABILITY, WHICH MEANS THAT I AM IN SOME FORM DISABLED.

AND YET, SOME HOW THAT DIDN'T SINK IN TO YOUR THICK SKULLS, AND YOU CONTINUED TO MAKE CALL, AFTER CALL, AFTER CALL TO MY CELL PHONE ON XX/XX/XXXX! 

EVEN AFTER YOU WERE TOLD THAT MY WIFE LOST HER JOB AND WAS LAID OFF, AND BECAUSE OF THE MONEY SHE MADE FROM WORKING, THEY CUT MY SSI CHECK, WE COULD NOT PAY YOU. 

SO, GIVEN THE FACTS HEREIN, YOU DECIDED TO TAKE IT UPON YOURSELVES TO CALL MY CELL PRONE NOT ONCE, NOT TWICE, BUT 8 TIMES ON XX/XX/XXXX. EVEN AFTER WE HAD THIS CONVERSATION JUST 3 DAYS AGO ON XX/XX/XXXX.

THEREFORE, YOU NOT ONLY HAVE YOU HARASSED A DISABLED WITH THE INTENT TO COLLECT A DEBT, BUT YOU HAD A BLANTENT DIRREGUARD FOR THE FDCPA REGULATIONS AS WELL. 

AND, NOT ONLY IS THAT CONSIDERED PHONE HARASSMENT, BUT DEBT COLLECTION HARASSMENT, AS WELL AS HARASSMENT OF A DISABLED, AND ALL 3 OF THEM ARE AGAINST THE LAW, WHICH YOU JUST BROKE! 

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. 

SO, YOU CAN CONSIDER THIS YOUR SECOND FDCPA VIOLATION AGAINST YOU! 

AND ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. 
WITH THAT BEING SAID, SINCE WE HAD A CONVERSATION ON XX/XX/XXXX ; YOU HAVE BEEN CALLING AND HARASSING ME FOR THIS XXXX DEBT FOR 3 DAYS STRAIGHT, AND YOU NEVER DISCLOSED YOUR IDENTITY TO ME. 

NOT ONCE! 

YOU NOW HAVE A FAILURE TO MAKE telephone calls without meaningful disclosure of the caller 's identity AS WELL. 

SO, YOU CAN CONSIDER THIS YOUR THIRD FDCPA VIOLATION AGAINST YOU! 

FURTHERMORE. UNDER FDCPA 813. Civil liability : ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. 

WITH THAT BEING SAID, HERE ARE ALL THE CALLS THAT I HAVE GOTTEN FROM YOUR COMPANY, IN NO SPECIFIC ORDER, JUST WITHIN THE PAST 3 DAYS : XX/XX/XXXX : 1. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
2. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
3. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX 
4. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
5. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX 
6. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
7. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
8. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX 

THAT'S A TOTAL OF 8 CALLS JUST FOR XX/XX/XXXX.

XX/XX/XXXX : 1. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX 
2. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX. 
3. XXXX PLACED ON XX/XX/XXXX AT XXXX XXXX 

AND ANOTHER 3 CALLS FOR XX/XX/XXXX. 

THAT'S A TOTAL OF 11 CALLS WITHIN 3 DAYS!! 

SO YOU CAN CONSIDER THIS THE FOURTH FDCPA VIOLATION AGAINST YOU! 

YOU ARE HEREBY NOTIFIED OF THE FDCPA VIOLATIONS AGAINST YOU THAT ARE LISTED HEREIN! 
THE LISTED FDCPA VIOLATIONS THAT YOU HAVE, SO FAR, ARE : 1. FDCPA 807 : False or misleading representations : FAILING TO DISCLOSE NOTIFICATION OF THE COMPANY YOU WORKED FOR, AND NOT STATING YOU ARE A DEBT COLLECTOR, OR THAT THE INFORMATION YOU WERE GIVEN WOULD BE USED FOR THAT PURPOSE. 

2. FDCPA 806 : Harassment or abuse : HARASSING PHONE CALLS.

3. FDCPA 806 : Harassment or abuse : Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

AND 4. FDCPA 806 : Harassment or abuse : MAKING TELEPHONE CALLS WITHOUT MEANINGFUL DISCLOSURE OF THE CALLER 'S IDENTITY. 

CONGRATS, THAT'S QUITE A HOLE YOU JUST DUG FOR YOURSELF. 

NOW, AS FOR THE MANDITORY ARBITRITATION CLAUSE, THAT'S NOT EVEN WORTH THE PAPER IT'S WRITTEN ON, AND I'LL TELL YOU WHY. 

THE MANDITORY ARBITRITATION CLAUSES ONLY APPLY TO THE DISPUTES WITHIN A CONTRACT, AND NOT STATE DISPUTES. 

YOU SEE, HARASSMENT AND HARASSMENT OF A DISABLED FALLS UNDER STATE LAWS, AND THERFORE YOUR MANDITORY ARBITRITATION CLAUSE DOESN'T HAVE A LEG TO STAND ON, AND IT GOES OUT THE WINDOW. 

SO, I MAY NOT GET YOU FOR FDCPA VIOLATIONS OR FOR ANYTHING ELSE BECAUSE OF THE MANDITORY ARBITRITATION CLAUSE, HOWEVER I WILL USE ANY MEANS NECESSARY, TO GET YOU FOR HARASSMENT, AGGRAVATED HARASSMENT, AND HARASSMENT OF A DISABLED, BECAUSE YOU HAD THE INTENT BECAUSE YOU WERE WANTING PAYMENT. 

THERE'S NOT A XXXX THING THE MANDITORY ARBITRITATION CLAUSE CAN DO TO STOP ME FROM FILING HARASSMENT LAWSUITS AGAINS YOU. 

LIKE I SAID, YOUR MANDITORY ARBITRITATION CLAUSE ISN'T WORTH THE PAPER IT'S WRITTEN ON. 

SO EVEN IF MY COMPLAINTS DOESN'T FALL UNDER THE FDCPA, IT WILL FALL UNDER EITHER THE FTC, OCCC, AGED AND DISABLED, CFPB, OR NAACP. 

AND I PLAN TO MAKE COMPLAINTS AGAINST YOU WITH EVERY SINGLE ONE OF THEM IF NEED BE, JUST TO GET MY POINT ACROSS.

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