Consumer complaint received 2019-03-25
Company: ERC
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX ( NOTICE OF DISPUTE OF DEBT and REQUEST FOR DEBT VALIDATION ) ENHANCED RECOVERY XXXX XXXX XXXX XXXX XXXX, FL XXXX Dear Sir or Madam : Your office has contacted me about a debt you claim I owe but which I have no knowledge of, nor did I consent to opening this account. My identity was stolen after my wallet was stolen with my social security card and drivers license. The purpose of this letter is to dispute this debt, which I do not believe I owe, and to request that you validate it by providing the documentation and information requested below. This is not a refusal to pay, but a lawful notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Section 809 ( b ) that your claim is disputed, and validation is requested. 

Pursuant to Section 809 ( b ) of the Fair Debt Collection Practices Act : If the consumer notifies the debt collector in writing within the 30-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 

Accordingly, please provide me with the following : 1. A detailed accounting of what the money you say I owe is for ; 2. A detailed explanation of how you calculated the amount you say I owe ; 3. Copies of any documents with my wet ink signature, that prove without a doubt I agreed to pay what you say I owe ; 4. Identify the original creditor, the original date of the account and provide their current contact information ; 5. Proof that the Statute of Limitations has not expired on this account ; 6. Documentation showing that you have the legal right to collect this debt ; 7. Documentation showing that you are licensed to collect in my state ; and 8. Provide me with the contact information for your Registered Agent for Service of Process. 

I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and I know that because I have disputed this debt in writing within 30 days of the date of your bill, you must obtain verification of the debt against me and mail these items to me at your expense. 

Additionally, you can not add interest or fees except those allowed by the original contract or state law. While you are not required to respond to this dispute, any attempt to collect this debt without validating it violates the Fair Debt Collection Practices Act. 

Also, be advised that I am keeping very accurate records of all correspondence from you and your company, and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the XXXX XXXX XXXX. 

I have disputed this debt ; therefore, until validated, you know your information concerning this debt is inaccurate. Therefore, if you have already reported this debt to any credit-reporting agency, such as XXXX, XXXX or XXXX, then you must immediately inform them of my dispute with this debt. 

Furthermore, reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act. If your offices have reported invalidated information to any credit reporting agency, said action might constitute fraud under both Federal and State Laws. 
Thank you for your cooperation, XXXX XXXX ; XXXX All rights reserved

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