Consumer complaint received 2022-09-29
Company: Capital Recovery Systems, Inc.
State: OH
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
The following complaint is in reference to the CAPITAL RECOVERY SYSTEMS, INC CFPB response dated for XX/XX/2022. In this response, director XXXX XXXX XXXX states XXXX is a third-party government debt collection and customer service organization. The following statement confirms that CAPITAL RECOVERY SYSTEMS, INC is in-fact a Debt Collector pursuant to : 15 USC 1692a ( 6 ) ( b ), and the FDCPA in-fact applies to this complaint and to CAPITAL RECOVERY SYSTEMS , INC . In this response, director XXXX XXXX XXXX also states Contrary to the allegations in XXXX XXXX complaint : 1. XXXX XXXX is not a consumer and the FDCPA does not apply in this instance. The following statement is in-fact incorrect, pursuant to 15 USC 1692a ( 6 ) 3, the term Consumer reads as follows : The term consumer means any natural person obligated or allegedly obligated to pay any debt. In reference to the previous definition, I am a Natural Person, so as defined, I XXXX XXXX XXXX is in-fact a Consumer. Secondly, the FDCPA in-fact does apply due to CAPITAL RECOVERY SYSTEMS, INC being defined as an Debt Collector pursuant to 15 USC 1692a ( 6 ) ( b ). In this response, director XXXX XXXX XXXX also states Fines are not governed by the FDCPA. The following statement is in-fact false, pursuant to 15 USC 1692a ( 5 ) the term Debt reads as follows : The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. In reference to the previous definition, the alleged fines that XXXX XXXX is referring to is in-fact a Debt as defined under the FDCPA. In this response, director XXXX XXXX XXXX also states Mailing the letter identified by XXXX XXXX as the attachment does not violate 15 USC 1692c ( a ). this provision of the law is only applicable to communicating with consumer at any unusual or inconvenient time or place; communicating with consumer knowing hes represented by an attorney ; or, communicating with consumer at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. None of these circumstances are relevant to XXXX XXXX circumstances. The following statement ( s ) is in-fact incorrect, pursuant to 15 USC 1692c ( a ) it reads as follows : Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. In reference to the previous section, CAPITAL RECOVERY SYSTEMS, INC in-fact did not receive prior consent from me the Consumer or the express permission of a court of competent jurisdiction, to communicate with me in connection with the collection of any debt. In terms, CAPITAL RECOVERY SYSTEMS, INC is in-fact in violation of 15 USC 1692c ( a ) for failing to follow the specific rules under this section. In this response, director XXXX XXXX XXXX also states XXXX XXXX attachment is not a violation of 15 USC 1692j ( a ). The letter is not deceptive. It accurately describes the creditor as the XXXX XXXX XXXX ; the amount owed, and, that the account has been placed with our office for collection. The following statements is in-fact incorrect, the referenced form attached is used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. CAPITAL RECOVERY SYSTEMS, INC designed, compiled, and furnished this form with the intent to create a false belief in me the Consumer. In terms, CAPITAL RECOVERY SYSTEMS, INC is in-fact in violation of 15 USC 1692j ( a ) for failing to follow the specific rules under this section. In this response, directoXXXX XXXX XXXX XXXX also states Finally, 15 USC 1692j ( a ) has not been violated. The letter clearly states the name of our business and XXXX XXXX XXXX is clearly identified as the creditor. The following statement is in-fact incorrect, the original code stated from this violation is 15 USC 1692e ( 14 ) not 15 USC 1692j ( a ). CAPITAL RECOVERY SYSTEMS , INC violated this code because it states in this subchapter : The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. As shown in Attachment of this complaint '', the company form clearly shows the name of XXXX XXXX XXXX organization, which according to this subchapter is not the true name of the debt collectors business, company, or organization. The law is very clear and as follows- a debt collector is restricted from using any business, company, or organization name other than the true name of the debt collectors business, company, or organization, no exceptions. CAPITAL RECOVERY SYSTEMS, INC is in-fact in violation of 15 USC 1692e ( 14 ) for failing to follow the specific rules under this section. As demanded in my previous CFPB complaint, CAPITAL RECOVERY SYSTEMS, INC is in violation of all the stated codes listed. All evidence has been presented for review on how CAPITAL RECOVERY SYSTEMS, INC violated these codes, and Pursuant to 15 USC 1692k ( 2 ) ( A ) -Civil liability : In the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or. Consumer is entitled to {$1000.00} per violation, as allowed under this subchapter. CAPITAL RECOVERY SYSTEMS, INC shall be fined {$1000.00} per violation, totaling to {$3000.00} paid to the Consumer for all forgoing statutory damages.

Company response to consumer: Closed with explanation