Consumer complaint received 2019-02-07
Company: F&M Capital LLC
State: ND
Product: Debt collection
Sub-product: I do not know
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
Today, Each of my Family members received phone calls on each of their phones and on each call 's message, they ask for my son but then say if he does not call them back by today 's end, they will take out litigation against him. They left this message on each of our phone numbers, mine, my husbands, my daughters and so forth. This all took place within a 30 minute window and then they called my son twice within 3 minutes of each other and left two messages also threatening litigation against him on the message. I have asked everyone to save these calls for a Record. Each call came from a number listed UNKNOWN except one to our home which came from a name XXXX XXXX who left the same message. Each of us became alarmed and contacted my son who said he was already working on it. We also contacted our Family Attorney who said these calls violate FTC Laws as a Debt Collection Company can not call a Third Party and threaten a lawsuit on a Voicemail about someone else in regard to a debt. I let my son know this and he then looked up the number which is listed for a Candle Company in Missouri online but whomever answered was who had called each of us. He then was transferred to different individuals before getting on a call with a gentleman named XXXX XXXX. Mr. XXXX then explained about a debt that my son had and then my son began asking more information as he did not recollect this debt. XXXX then said this was paid to a bank account owned by my son via XXXX XXXX in South Dakota. My son explained he has never had a XXXX XXXX account nor any affiliation with South Dakota. Mr. XXXX did have an old e-mail address from 3 years ago correctly and my son 's social security number but he then said who my son does or had worked for as his employer and it was with a company he had never heard of. My son then began to ask questions as we have instructed him to do so in the past with these types of calls as he has been down on his luck and at times receives calls and so we have instructed him how to handle them and my son was then given the XXXX XXXX account number and routing number supposedly associated with this debt and he then also asked for who owned this debt and the company XXXX worked for. Mr. XXXX stated he worked for F & M Capital in association with XXXX XXXX and the debt was owned by XXXX XXXX XXXX. My son then told XXXX it was illegal to call Third Parties with the threat of Litigation against him about a debt. XXXX said that they did not have to follow FTC guidelines because of how old the debt was, it was supposedly from XX/XX/2016. My son then stated that he would like to do a three way call with XXXX XXXX to verify this account and the call with Mr. XXXX was then disconnected. My son then called XXXX XXXX himself and the call was escalated to a supervisor whom after the discussion, they said they were going to have their Case Management division investigate this as they do not recognize this account number or my son 's name as he has never been a customer. They and our attorney instructed my son to call back the number he had been in communication with via XXXX XXXX and F & M Capital and was transferred to a voicemail and he left a message providing the feedback from XXXX XXXX and to Cease and Desist any further calls threatening legal/litigation against him to all family members and himself. These calls really unnerved my son as it did us. We are passing all of this on to our Family Attorney in addition a Case File has been opened at XXXX XXXX to assist in investigating and also if these debt collectors are going to call, we want them to follow the FTC laws even if they say it does not apply to them, for in our contacting the FTC, the law does apply to all debt collection institutions.

Company response to consumer: Closed with explanation