Consumer complaint received 2017-09-01
Company: AFNI INC.
State: SC
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
The company that I am not aware of have reported a debt in my name for {$530.00}. 

They never notified me via mail of this debt. And If they did I need to see proof that they did..certified delivery letter proof. 
So, I did not get a chance to ask for validation and verification before they even placed on my credit report. 

This company is committing identity theft towards my personal information. 

I sent a letter and it was ignored XXXX/XXXX/XXXX. So, this time I faxed it to their fax number and I have confirmation of their receipt attached of the letter that I needed a response to. But, since they failed to respond or even notify me of this debt, it is against the FDCPA to report this account to my credit reports. The letter was typed as shown below and I needed proof of everything within the letter : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC, XXXX AFNI XXXX XXXX XXXX XXXX IL XXXX XXXX/XXXX/XXXX XXXX : Acct # { XXXX } To Whom It May Concern : Ive received a copy of my credit report and you are claiming I have an account with you or I owe you something. I have never entered into any business arrangement and I have never signed any contract to conduct any kind of business with you. Also, because you are a 3rd party collector, you have no permission to furnish any information on my credit report in the first place. The law states that before you collect any information, about me, you have to get my authorization to access my credit report for any reason. You didnt do that first, and theres no way I would ever give a slimy collection company permission to slander me on my credit reports. Heres the law in case you never read it before. 

( o ) Excluded communications. A communication is described in this subsection if it is a communication ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; Now, I am also exercising my right under the FDCPA to dispute the alleged account and demand validation from you. Ill break it down very easy for you. But know this, should you fail to provide every single thing I request form you, and dont worry, the list will be short, sweet and to the point, you will be required to cease all collection activity immediately. Notify me in writing that you indeed are ceasing and deleting all information you have furnished to any and every one of my credit reports from every single credit repository to which youve submitted this unverified and un-validated information. This is request of PROOF OF CONTRACT to substantiate your claim. Therefore, youll need to provide me with a CERTIFIED copy of an authenticated original contract with my signature, specifically naming, AFNI INC, as an entity entitled to enforce a commercial claim You do not conduct commerce ) against me. 

*Certified shall be done through the presence of a notary public, who authenticates and duly swears the copy made is in fact a copy of the original paper contract in question ( meaning the original contract from the original creditor would need be provide to the notary, and the notary would need to make the copy themselves ). 

You will also need to provide the following : 1. Provide a CERTIFIED copy of Authorization signed by me, naming your company as having my consent to furnish, update, verify, inquiries, add comments and/or dispute codes of any access to my personal credit report/file. 
2. Provide a Certified copy of my full chain of assignment starting with the original creditor to any and every 3rd party collection company to present. 
3. Provide a full accounting. Every charge, every payment, every fee, interest, credit, and any other amount attributed to the alleged account, and the date on which each event occurred, as well as a description of each event or purchase causing an amount to allegedly be owed. 

Your failure to respond and provide strict proof of contracts and all the items noted above, presented to me in certified format, sworn under Penalty and Perjury and Authenticated by a notary will constitute your tactic agreement that you are not entitled to enforce a claim against me. In the event you continue your collection efforts against me without providing proof of contract, I may do one or more of the following : 1. File a complaint with the Attorney General 2. File a complaint with the Better Business Bureau 3. File a complaint with the Consumer Financial Protection Bureau 4. File a complaint with the Federal Trade Commission 5. File a Police Report against your company for harassment, invasion or privacy and attempting to extort money. 
6. File a Law Suit against you for harassment, fraud, extortion, and invasion or privacy. 

You have 15 days upon receipt of this letter to provide strict proof of contract. In the event you can not provide strict proof of contract, you must cease and desist all collection efforts and immediately remove any derogatory information reported to the consumer reporting agencies. In addition, you will need to provide me your agreement, in writing, that you are closing your file, ceasing collecting activity, and deleting all information related to this reference number from any and all credit reports youve furnished the information to. In the event you transfer this account to an attorney without providing proof of contract, and proving your claim, he/she will be immediate reported to the XXXX XXXX XXXX and XXXX XXXX XXXX for code of ethics violations. 
Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 
IN ADDITION - Please provide me with the following : What the money you say I owe is for ; Explain and show me how you calculated what you say I owe ; Provide me with copies of any papers that show I agreed to pay what you say I owe ; Provide a verification or copy of any judgment if applicable ; Identify the original creditor ; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, XXXX or XXXX XXXX this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist WHICH MEANS THAT REPORTING IT TO THE CREDIT BUREAUS ALONG WITH VERIFYING IT WITH THE CREDIT BUREAUS IS STILL COLLECTION ACTIVITY. I KNOW THE LAW AND MY RIGHTS. 
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. 
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. PLEASE KEEP IN MIND THAT I NEED THAT PROOF ON CONTRACT INFORMATION WITHIN 15 DAYS. YOU HAVE AN ADDITIONAL 15 DAYS TO SEND ME THE REMAINDER OF INFORMATION REQUIRED BY LAW. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. 
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. 
Best Regards, XXXX XXXX CC : FTC, BBB, CFPB,

Company response to consumer: Closed with explanation