Consumer complaint received 2020-01-15
Company: Waypoint Resource Group, LLC
State: MA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This complaint is based on violations of the FDCPA, the FCRA and MGL c.93A of the Massachusetts Consumer Protection Act by the Respondent. 

XXXX On XX/XX/XXXX, I reviewed my credit reports and saw a collection account by the respondent. This was the very first time I discovered the alleged debt. The respondent never mailed me an initial letter, and did not instruct me of my right to dispute the debt as required by Massachusetts law or the FDCPA. 

XXXX On or around XX/XX/XXXX, I disputed the debt directly with the respondent in writing. In my letter, I requested the materials required by Massachusetts law for the respondent to validate the debt. Attached please find a copy of my certified letter to this complaint. 

___ At no time did the respondent validate the debt. 

XXXX XXXX XX/XX/XXXX, I then disputed the account thru the credit reporting agencies. In my dispute, I stated that I had no knowledge of the account, and that the respondent failed to validate the debt as required by Massachusetts law and the FDCPA. 

___ In early XX/XX/XXXX, I received the results of the investigations from the credit reporting agencies, where the respondent deleted the account from XXXX  and XXXX. However, the respondent failed to cease collection of the debt, as they falsely verified the unsubstantiated debt to XXXX. 

___ The respondents failure to validate the debt can only be construed that they have no materials to rely upon to tell any credit bureau that they verified the account. 

___ It is well settled case law that a debt collector who allegedly verifies information to a credit reporting agency without account-level documentation in their possession is in violation of the section 1681s-2 ( b ) of the Fair Credit Reporting Act. XXXX XXXX v. XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX. XXXX XXXX XXXX. 

___Based on the aforementioned facts ( and supported by the attached certified letter ), the respondent engaged in following wrongful conduct : ___ ( a ) Violation of the FDCPA 15 USC 1692g ( b ) in that they have continued collection activity while failing to validate the debt. 

___ ( b ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount of legal status of the debt. 

___ ( c ) Violation of 940 CMR 7.08 ( 2 ) and MGL c.93A sec . 2 in that they continued to collection activity while failing to provide evidentiary materials to validate the debt as required by Massachusetts law.

___ ( d ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute to the credit reporting agencies.

___ ( e ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate or unverifiable information on my credit reports.

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