Consumer complaint received 2018-08-23
Company: Receivables Performance Management, LLC
State: NC
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I don't have a contract with this company. This was written by representative of company.

RPM Notices XXXX & XXXX XXXX   XXXX On Wednesday, XX/XX/2018 XXXX XXXX RPM Notices <XXXX> wrote : <XXXX XXXX XXXX XXXX XXXX { margin-top:0 ; margin-bottom:0 ; } -- > XXXX XXXX, Please review the attached invoices and call XXXX with any questions or concerns.

Thank you, Support Services Receivables Performance Management This is an attempt to collect a debt and any information obtained will be used for that purpose.

TO ALL CONSUMERS Notice about Electronic Check Conversion : When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Also, you authorize us to represent a check as an electronic fund transfer from your account if your payment is returned unpaid.

Please be aware of the following rights. This list does not contain a complete list of the rights consumers have under state and federal law.

California Residents : The state XXXX Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before XXXX XXXX. or after XXXX XXXX. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at XXXX or http : //www.ftc.gov/. As required by law, you are hereby notified that a negative credit agency report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Colorado Residents : The Colorado office of RPM is located at XXXX XXXX XXXX XXXX XXXX XXXX CO XXXX, telephone XXXX XXXX XXXX XXXX. FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.

Massachusetts Residents : NOTICE OF IMPORTANT RIGHTS. You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten days unless you provide written confirmation of the request postmarked or delivered within seven days of such request. You may terminate this request by writing to the debt collector.

Massachusetts resident office address : XXXX XXXX XXXX XXXX XXXX   MA XXXX Hours of Operation : Mon-Thur XXXX   XXXX.

Maine Residents : Hours of Operation : Mon - Fri : XXXX  XXXX PDT ; Sat/Sun : XXXX XXXX  PDT ; Call Toll Free XXXX Minnesota Residents : This collection agency is licensed by the Minnesota Department of Commerce .

Nevada Residents : NOTE : If you pay or agree to pay all or any part of the debt referenced in this letter, your payment or agreement to pay may be construed as your acknowledgment of the debt and that you agree to waive any applicable statute of limitations. Seek legal advice if you have questions concerning your legal right or obligations relating to this debt. Pursuant to NRS 649.375, please be advised that if you the above account by any method other than mailing us a payment or making a payment via our website, we may add a convenience fee. If you mail the payment or make it via our website no fee will apply. Also be advised, this notice does not limit your rights under the law, a set forth on the front side of this notice, to dispute the debt, to request us to validate the debt or to disclose the identity of the original creditor if different than the one shown.

New York : Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C.

1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to : ( i ) the use or threat of violence ; ( ii ) the use of obscene or profane language ; and ( iii ) repeated phone calls made with the intent to annoy, abuse, or harass.

If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt : 1. Supplemental security income, ( SSI ) ; 2. Social security ; 3. Public assistance ( welfare ) ; 4. Spousal support, maintenance ( alimony ) or child support ; 5. Unemployment benefits ; 6. Disability benefits ; 7. Workers compensation benefits ; 8. Public or private pensions ; 9. Veterans benefits ; 10. Federal student loans, federal student grants, and federal work study funds ; and 11. Ninety percent of your wages or salary earned in the last sixty days.

XXXX XXXX XXXX XXXX  Residents : Department of Consumer Affairs, City of XXXX XXXX, License # XXXX. Please contact XXXX XXXX at XXXX XXXX XXXX XXXX if you have questions. XXXX XXXX XXXX, NY Residents : Please contact XXXX XXXX at XXXX XXXX XXXX XXXX if you have questions.

North Carolina Residents : North Carolina Department of Insurance Permit # XXXX.

Tennessee Residents : This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance.

Utah Residents : As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

Then I wrote : On Wednesday, XX/XX/2018 XXXX XXXX, XXXX XXXX   <XXXX> wrote :XX/XX/2018 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , NC XXXX Receivables Performance Management XXXX XXXX XXXX XXXX WA XXXX Re : Acct # XXXX To Whom It May Concern : This letter is regarding account # XXXX, which you claim I have an {$4600.00} charge-off. This is a formal notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with the corresponding local state laws. Please note that I am requesting " validation '' ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX and XXXX  ) from your company or any company that you represent, for a debt that I don't owe, is a violation of the FCRA & FDCPA ; therefore if you can not validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

Failure to respond within 30 days of receipt of this certified letter will result in small claims legal action against your company at my local venue. I will be seeking a minimum of {$1000.00} in damages per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) 4. ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) Please Note : This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

My contact information is as follows : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX SSN : XXXX  P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : Cc : Consumer Financial Protection Bureau Cc : Attorney General 's Office Cc : XXXX XXXX XXXX

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