Consumer complaint received 2018-09-26
Company: D&A Services, LLC
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
D & A services left a VOICEMAIL message that said, " We have an important message from D & A Services. This is a debt collector. Please call this number. Thank you. '' Now, this was the first initial communication between myself and D & A Services LLC., by FDCPA rules, they had to disclose the mini Miranda.

Specifically,15 U.S.C. 1692.

*Case Law : XXXX v. XXXX XXXX XXXX XXXX " We need not look any further than the statutory language of the FDCPA to decide that the voicemail is a communication. XXXX XXXX 's first voicemail to XXXX falls squarely within the FDCPA 's broad definition of communication. The voicemail, although short, conveyed information directly to XXXXby letting her know that a debt collector sought to speak with her and by providing her with instructions and contact information to return the call. The voicemail also indicated that a debt collector was seeking to speak to her as a part of its efforts to collect a debt. '' It further went on to say that, " The voicemail left by XXXX XXXX falls squarely within the FDCPA 's definition of a communication. And because it was XXXX XXXX 's initial communication with XXXX, XXXX XXXX 's failure to make the required disclosures was a violation of 1692e ( 11 ). '' Now, with that being said, the voicemail about the alleged debt was left on my phone on XX/XX/XXXX, at XXXXXX/XX/XXXX 

SINCE I HAVE NEVER SPOKEN TO D & A SERVICES LLC, I WILL CONSIDER THAT AS THE FIRST INITIAL COMMUNICATION.

By FDCPA rules, 807. False or misleading representations : ( 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. 

FUTHERMORE, UNDER 809. Validation of debts : ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing : ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

D & A SERVICES , LLC. NEVER PROVIDED ME WITH ANY OF THE FOREGOING INFORMATION THAT'S LISTED ABOVE HEREIN.

THEIR FAILURE TO DO SO, CONSTITUTES THEIR BLANTANT DISREGUARD TO ABIDE BY THE FDCPA RULES AND REGULATIONS.

FURTHERMORE, I MOVE TO BAN D & A SERVICES LLC FROM COLLECTING DEBTS EVER AGAIN.

THEY HAVE HAD 140 OTHER COMPLAINTS AGAINST THEM, BESIDES MINE, FOR THE SAME EXACT THING.

Company response to consumer: Closed with explanation