Consumer complaint received 2017-05-08
Company: Weltman, Weinberg & Reis Co., L.P.A.
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XXXX XXXX, 2017, I received a letter ( see attached ) from Weltman, Weinberg & Reis Co., LPA ( hereinafter WWR ) attempting to collect a debt from their client XXXX XXXX XXXX ( XXXX XXXX ). Their file number is listed as XXXX. The first issue with the letter is that it does not comply with the Fair Debt Collection Practices Act ( hereinafter FDCPA ). The FDCPA applies to all debt collectors, of which WWR are. The FDCPA also states the attempt to collect a debt must include the verbiage of " this is an attempt to collect a debt and any information obtained will be used for that purpose '', of which this letter has none of that. I will not go into all of the violations that are present with the letter though for future legal action may be taken by me. My main concern is if this firm were to have done even the slightest bit of investigation from the documents XXXX had to have submitted to WWR they would have seen I was not liable for this debt. This debt arises out of a contractor who hit a utility line on my property. At no time when this happened was I home or operating any heavy equipment, which was noted on XXXXXXXX XXXX  investigation. In the state of PA, under PA Act 287 section 5, it is solely the contractors responsibility to call to have lines located or the one operating the excavator to call, neither of which was me. Therefore, their threat to take legal action against me is not allowed by law and is against federal law to threaten. Also, after having graduated from XXXX XXXX, and XXXX XXXX XXXX, I find it to be a little upsetting, and possibly an ethics violation, to have this XXXX XXXX XXXX use the term Partner under her name at the top center of the letter. This is misleading as if she is qualified to practice law or holding a J.D. degree. Many lay people would associate this as Partners in a lawfirm and she is holding herself out to be a Partner of what?? If they use the excuse they were not trying to collect it from me and are only going after the contractor then this letter is also a violation of the FDCPA. I find it appalling and downright illegal that a firm with this many offices can not even abide by the FDCPA. The proof is in the copy of the letter. A 1L in law school could write a better debt collection letter. My reason for filing this complaint is because this may help someone else who does not have a legal education and is taken advantage of by this firm. It is free for me to defend against these violators of federal law, but for others it may cost them their home, or car, and this firm needs to be stopped. I left a voice mail for this XXXX XXXX XXXX and I received no reply. If this firm decides to take any further unlawful action against me I wanted it documented that they were well aware if they would have done a simple investigation into the matter they would have seen that I legally owe no debt to them or XXXX under the laws of the State of Pennsylvania.

Company response to consumer: Closed with explanation