Consumer complaint received 2019-08-14
Company: ERC
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
On XX/XX/2019, I received a letter from a collection agency ( ERC ) stating that I owe XXXX XXXX {$700.00} ( account XXXX reference number XXXX ). I called the 1800 number provided in the letter to inquire about what this debt was in reference to. I spoke to one of your representatives in XXXX and advised him that this is not my debt that I have never opened an account with XXXX XXXX. The representative asked if I knew a XXXX XXXX who lived in XXXX XXXX XXXX, Tx XXXX. I stated that I do not know any XXXX XXXX nor I have I ever lived in Texas and that I have never authorized anyone to open any account under my name. This is obvious a fraud or a mistake. 
I am disputing these charges/debt to be a mistake or Fraud. 

On XX/XX/2019 I wrote ERC the following letter : ERC XXXX. XXXX XXXX XXXX, Fl. XXXX XX/XX/2019 XXXX XXXX Re : XXXX Account Number : XXXX Amount {$700.00} To Whom It May Concern : I am writing this letter in response to the letter received from you on XX/XX/2019. In conformance to my rights under the Fair Debt Collection Practices Act ( FDCPA ), I am requesting you to provide me with a validation of the debt that you talked of earlier. Please note, this is not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. ( 15 USC 1692g Sec. 809 ( b ) ) I do hereby request that your office provide me with complete documentation to  verify that I owe the said debt and have any legal obligation to pay you. 
Please provide me with the following : 1. Agreement with the creditor that authorizes you to collect on this alleged debt 2. The agreement bearing my signature stating that I have agreed to assume the debt 3. Valid copies of the debt agreement stating the amount of the debt and interest charges 4. Proof that the Statute of Limitations has not expired 5. Complete payment history on this account along with an accounting of all additional charges being assessed 6. Show me that you are licensed to collect in my state ; and 7. Your license numbers and Registered Agent If your office fails to reply to this debt validation letter within 30 days from the date of your receipt, all instances related to this account must be immediately deleted and completely removed from my credit file. Moreover, all future attempts to collect on the said debt must be ceased. 
Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees if I am forced to bring this matter before a judge. 
Thanking you, On XX/XX/2019, ERC responded via mail with a letter and a copy of a signed " Digital Home Advantage Plan Agreement '' with the customers phone number, email address, Home address, city and State including the date. I have never been to Texas nor I have ever seen or signed that document. Never had that particular email address, home address nor phone number. I have obviously been a victim of FRAUD.

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