Consumer complaint received 2018-11-12
Company: AmeriCollect
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
RE : Failure to verify this account within the ( 30 ) day timeframe thats required by the FDCPA. Therefore, I am Demanding Monetary Damages for FCRA and FDCPA violations, Fraud and Extortion ; as well as, for failing to provide requested documents under the FACTA ACT, FCRA 623 ( a ) ( 8 ) and violating FDCPA-Validation of Debts 15 U.S.C. 1692g. 

To whom it may concern, First of all, I would like to express my concerns, disgust and frustration with AMERICOLLECT UNETHICAL and DISTASTEFUL discriminatory actions, which I believe your company are using in an attempt to RAILROAD me by using OUTDATED, REDACTED and RE-AGED information in the attempt to collect on an alleged account that your company failed to VALIDATE according to FDCPA-Validation of Debts 15 U.S.C. 1692g. More so, it is against the law for AMERICOLLECT to continue reporting a disputed account to the credit bureau ( s ) ; nevertheless, trying to collect on an alleged debt without VALIDATING it first. Also AMERICOLLECT violated federal law by not notifying me within ( 5 ) days before they REQUESTED a DELETED account to be REINSERTED back onto my credit file pursuant to 15 U.S. Code 1681i ( B ) ( i ) ( ii ) and ( iii )  Requirements relating to reinsertion of previously deleted material. Although this is not a refusal to pay ; however, your noncompliance within the ( 30 ) day timeframe is a violation of both the federal and state law according to the disclosure requirements of the Fair Debt Collection Practices Act and the Uniform Commercial Code ; yet, AMERICOLLECT fail to meet the legal requirements by law. Therefore, it is apparent that AMERICOLLECT does not have proper documentation or evidence to support their claims against me ; due to the fact, they have not provided me the documentation within the allotted ( 30 ) day timeframe that is required by law according to FDCPA ; as well as, before reinserting the information BACK on my credit report that is required according to both the FCRA and FDCPA, but your company continues to claim that I owe this debt that they did not confirm with proof. Meanwhile, I believe that AMERICOLLECT discriminatory actions against me are done with MALICE and WILLFUL INTENT to INJURE or cause HARM, due to the fact, AMERICOLLECT displayed complete DISREGARD for the law, which caused my consumer rights to be INFRINGE upon. With that being said, I am DEMANDING monetary damages for AMERICOLLECT violating my consumer rights in the amount of XXXX dollars. The possible violations are as follow ( s ) but not limited to : 1. The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681b ( c ) : Transactions Not initiated by Consumer. 

2. 607. Compliance procedures : ( b ) Accuracy of report ( 15 U.S. Code 1681e ) 3. 616. Civil liability for willful noncompliance ( 15 U.S.C. 1681n ) 4. 616. Civil liability for negligent noncompliance ( 15 U.S.C. 1681o ) 5. Continued to attempt to collect a disputed debt is a FDCPA violation 6. 15 U.S.C. 1692e - False or misleading representations 7. 15 U.S.C. 1692f - Unfair practices 8. FDCPA-Validation of Debts 15 U.S.C. 1692g 9. Extortion 10. FRAUD by knowingly attempting to execute, any trickery scheme with the intent to defraud a consumer/ debtor.

11. 15 U.S. Code 1681i ( B ) ( i ) ( ii ) and ( iii ) Requirements relating to reinsertion of previously deleted material 12. FCDPA-Communicating false credit information-807 ( 8 ) 13. FCDPA-Falsely obtaining information about me-807 ( 10 ) 14. FDCPA-Implying my account ( s ) have been turned over to purchasers/ AMERICOLLECT. 

15. FCDPA-Creditor Misrepresentation of Identity-807 ( 14 ) 16. The debt collector shall cease all collection once the item has been disputed according to FDCPA-Validation of Debts 15 U.S.C. 1692g ( b ) Within the event that AMERICOLLECT continues to list the disputed item ( s ) on my credit report and not compensate me for the aforementioned violations. I will obtain it crucial to file suit against your company for actual damages ; as well as, punitive damages under the Fair Credit Reporting Act. Due to the fact, the Fair Credit Reporting Act supplies concurrent jurisdiction in federal and state courts ; thus, I shall elect to make use of my Residency County and state as jurisdiction to bring appropriate action against AMERICOLLECT. Even though I prefer not to litigate, I will use the courts as necessary to enforce my rights under the Fair Credit Reporting Act, if AMERICOLLECT continues to show complete disregard of the law ( s ). 

Furthermore, any correspondence MUST be made in the form of a commercial affidavit under penalty of perjury and sent by certified mail and any other form of service besides aforementioned above shall be deemed defective upon its face. So, be advised that your company make sure that your records are ACCURATE in order to prevent me from taking legal actions ; due to the fact, any information obtained shall be used for that purpose. However, I look forward to an uneventful resolution of this matter. Thank you in advance with all sincerity. 
Your prompt attention to this matter is imperative! 

The ball is in your hands, XXXX XXXX

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