Consumer complaint received 2020-12-01
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis
State: ID
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
The following was submitted to Genesis. 

To Whom It May Concern : This letter is to inform you that you are in violation of the Fair Debt Collection Practice Act and to seek an acceptable resolution. 

On Wednesday XX/XX/2020 I spoke with XXXX XXXX. During our calls I frequently disputed the amount of the debt claiming that there was an additional pet deposit that was not applied to the move out charges. I claimed that I could get proof of this payment as there was no record from the original creditor of it. 

At the end of our call XXXX stated that he was marking the account as disputed but not for the amount but a refusal to pay and to have fun when it hits my credit. 

No matter how you proceed with this collection, XXXX claim is a direct violation of the Fair Debt Collection Practice Act. 

If the account hits my credit, then you are in direct violation of FDCPA Sub Section 806. Harassment and Abuse. Per this subsection 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 : ( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or If this amount is posted to my credit it is a direct violation of this clause as I have stated that I can prove the amount is not correct, see the enclosed statement showing the two initial payments, the second of which was not reported to you by the original creditor per XXXX. 

If you do not report this item or this amount to the credit reporting bureaus you are again in direct violation of this same subsection of the FDCPA as follows : ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. 

If this is not reported to the credit reporting agencies, then a threat was made to report it but not intended. 



Per the FDCPA I am allowed to seek legal damages up to {$1000.00} for this violation. As the amount of the debt is less than the amount that I am allowed to seek, an acceptable resolution to this is to waive the debt upon receipt of this letter and remove any reporting to credit agencies that may happen in the time before you receive this letter.

If this resolution does not meet you satisfaction I will seek the legal damages of {$1000.00} for the reporting to my account, and my wife ( the co-occupant of the property and co-party to the debt ) will also seek damages for {$1000.00}. I have also filed a complaint with the Consumer Financial Protection Bureau. 

Below is the subsection of the FDCPA that your agents actions violate : Sincerely, XXXX XXXX XXXX. 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 : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 Fair Debt Collection Practices Act The official website of the Federal Trade Commission, protecting Americas consumers for over 100 years.

of this title.

( 4 ) The advertisement for sale of any debt to coerce payment of the debt.

( 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. 

( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity.

15 USC 1692e 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 : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 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.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.

( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.

Company response to consumer: Closed with explanation