Consumer complaint received 2022-01-05
Company: ProCollect, Inc.
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
In XXXX of XXXX, I signed a lease agreement with XXXX XXXX XXXX XXXX. This is an off campus apartment complex for college students who attend XXXX XXXX XXXX. When I signed this lease, I fully anticipated to be living there for the full term of the lease which was from XXXX XXXX XX/XX/XXXX. However, as you may know, there was a world wide pandemic that arose rapidly and was the cause of many deaths globally. This pandemic not only caused many deaths, but it also was the reason for world-wide shut-downs, unemployment, evictions, etc. With this disease widely threatening the population of the globe, XXXX took initiative to continue classes fully remote and shut down the in-person functions of the school. When I was aware of the university 's decision, I immediately contacted the leasing office and was told that there would be accommodations made for students who had signed this deceitful lease agreement. Months after speaking to one of the office managers over the phone, I followed up with the management again and had no luck in reaching anyone to answer my questions about the pandemic. When I was finally contacted, I was told that I would be responsible for the full amount of the lease. I found this to be extremely unjust, but was willing to negotiate with this apartment complex in order to fulfill the terms of the lease. I offered to pay up to 6 months rent in order to break the contract, and even offered to postpone my move in date until the school resumed in-person classes ; they did not accept any if these options. Recently, the apartment office sold the debt to PROCOLLECT. Upon receiving the notice of this transaction, I quickly disputed it as it was stated to do so if I disagreed with the debt in the collections notice letter. However, instead of conducting an investigation, the debt collectors reported it to the credit bureaus and it has severely impacted my credit score. I have disputed this collections account on all impacted credit bureaus and XXXX still finds this debt to be valid while XXXX has completely removed this report. I have contacted a lawyer and am in the process of sending PROCOLLECT and The ONE a demand letter to have this debt removed, or to come to some sort of agreement in order to remove this report from my credit history. The pandemic was an act of XXXX, or vis majeure clause, and could not have been predicted. This clause explains that in the events that are beyond the control of the party invoking the clause cause performance to become impossible or impractical or otherwise frustrates the purpose of the contract. In addition, PRO COLLECT violated the The Fair Credit Reporting Act, 15 U.S.C. 1681 by failing to handle the dispute I submitted in a timely manner. Not only this, but this collections agency has failed to send notifications about my credit report. With all this given information, and the advice given to me by my lawyer, I believe that this situation should be reviewed and reported because of the violations that have occurred.

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