Consumer complaint received 2018-04-06
Company: FINANCIAL ASSET MANAGEMENT SYSTEMS INC
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
I have been working with a very large and prominent XXXX for several years now as a valued XXXX. They have brought me almost 75 % of my business in the past three years. Yesterday, the Director of the organization sent me an email that I will copy and paste below : Hello XXXX, XXXX XXXX of XXXX ( XXXX XXXX XXXX XXXX ) called me trying to reach you. Her number is XXXX XXXX. 

When I inquired about why I was listed as a contact she told me that her records indicate that the XXXX is a partner for your XXXX XXXX? I dont mind being personally listed as a reference but it is false to claim that the XXXX is in partnership with your company. Please correct on your end making sure to clarify that information with XXXX XXXX and any others that may be under that impression. 

Best regards, XXXX She also told the director that she had " ... spoken with me a few days before and needed to have a follow-up conversation with me about the important business matter placed in her office ... '' for debt collections. This is a lie, as I never even knew I had a debt owed to this company. Even the more so, if they had spoken to me about my debt, why would they try to reach me on another number? 

This is a direct violation of The Family Educational Rights and Privacy Ac

t of 1974 ( FERPA ) [ 20 USC 1232g ; 34 CFR 99 ], also known as the Buckley Amendment, which protects the privacy of student educational records, including financial aid application forms and other financial aid records pertaining to the student ( assuming they are calling for student loans ). This is also an indirect violation of The Fair Debt Collection Practices Act ( FDCPA ) [ 15 USC 1692 et seq ; P.L. 104-208 ] which sets rules that protect consumers from abusive debt collection practices. It also enables consumers to dispute debts, demand verification of the debt and to demand ( in writing ) that the debt collectors stop contacting the consumer ( other than to notify the consumer about specific actions the debt collector is taking, such as filing suit against the consumer ).
I promptly notified the company and they refused to speak to me until I verified my account with my social security number and birthday or address. When I told them I had no clue who they were and felt uncomfortable giving them that information, she said she had nothing else to discuss with me. I asked her to simply tell me what she had mentioned to t he director of the organization, because she clearly could not verify my information to her, but she insisted that she did not share any of my information. I find that extremely hard to believe, based on the email and phone conversation I had with her about using their foundation as " a referral for debt collectors ... '' At the end of the call, I asked them not to contact my business line and left my number, as well as the Director of the organization that they spoke to in regards to my debt. They called again this morning. I would like to pursue whatever action necessary to hold this company responsible for their hostile and illegal debt collection practices. I hope this does not happen to anyone else. Please advise me on the next steps. Thank you.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation