Consumer complaint received 2016-02-25
Company: Grant & Weber
State: CA
Product: Debt collection
Sub-product: Medical
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
To whom it may concern, I recently experienced the following situation with XXXX at XXXX and XXXX collection agency. I believe they have violated state and federal laws while attempting to collect a disputed debt. There are multiple issues, and I was only able to select XXXX option on your website. 

Back in XXXX and XXXX my sons were seen in the emergency room for separate issues. As a result there were medical bills. My wife setup payment plans with the hospital and to our knowledge these were paid in full through a payment plan. 

In XXXX we learned it was referred to a collection agency, at that time we informed them we were still under a payment plan with the hospital and never heard from them again. 

This month we discovered a report on our credit report. We proactively reached out to them to discuss this debt. During that time we said we believed it was paid but would need to verify with our records. 

Less than 48 hours after that phone call, not only did they reach out to our home phone and left a message, but within minutes called a friend ( whose number should not have been listed or available to them ). While I understand they may use public records to track down people, that should be limited to situations of intentional evasion. Considering we proactively reached out to them, and they left a message on our home phone during the day. We consider this harassment and overly aggressive collection techniques to encourage payment of a disputed bill. 

We further learned that XXXX disclosed the name of his collection agency to our friend, which according to the OAG website states that this is prohibited, and they can only leave their name and a contact phone number. 

During my phone call today with XXXX, it was like speaking to a wall. He was simply stating his talking points, but would n't listen or respond to what I offered. During that call he effectively offered legal advice that I " should n't waste my time on contacting an attorney '', he stated that " I should just pay the bill '', regardless of my dispute over the bill. My understanding is that these representations are illegal. 

Furthermore, he said that if we did n't pay he would sue us - this seems dubious since they have apparently been sitting on this account without attempting to collect for nearly 3 years. We consider this an unfounded threat, and therefore, also an illegal attempt to collecting a debt by threatening to take an action which they are not prepared to take. 

Additionally, with my personal experience with debt XXXX we use for our own company, we know that the balances of these XXXX accounts are too small to be considered something worth turning over to litigation. As such, this treat was inappropriate. 

Finally, when I asked to speak to his supervisor or manager, he stated that he was the " manager '', and refused. He said the next point of escalation would be to speak to XXXX of their attorneys ( if I wanted to make it a legal matter ). Which is essentially a legal threat. The other alternative was to speak to the manager. My understanding of your firm is that XXXX boss is not the owner of the company, and as such, it is also misrepresentation in attempt to collect a debt. 

Your assistance with this matter is appreciated.

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