Consumer complaint received 2022-10-03
Company: TrueAccord Corp.
State: SC
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
RE : Account Number Ending XXXX To Whom It May Concern : This letter is being sent to you in response to numerous FDCPA violations conducted by TrueAccord on behalf of Opportunity Financial. This is not an admittance that I owe the stated debt but rather exercising my right to challenge questionable information found on my personal credit reports. 

According to the Fair Debt Collection Practices Act ( FDCPA ), I have the right to ask for a proper validation of the debt that TrueAccord claims I owe per 15 USC1692g Sec.809 ( b ) of the FDCPA. 

New federal debt collection regulations interpreting the Fair Debt Collection Practices Act ( FDCPA ) took effect XX/XX/XXXX. Consumer Financial Protection Bureaus ( CFPB ) new Regulation F addresses collectors use of email, text messages, and other electronic media. 

Significant Regulation F provisions : Set out a presumption that a certain number of calls per week is or is not an FDCPA violation ( with factors that can rebut those presumptions ) Permit certain use of electronic communications to provide disclosures required under the FDCPA Require notice of the right to opt out of electronic communications Set out an expanded list of information that a debt collector must provide to a consumer at the outset of debt collection communications Require debt collectors to take certain actions before furnishing information about a consumers alleged debt to a consumer reporting agency Preconditions to Collector Credit Reporting : A debt collector must speak to a consumer or send a letter or electronic message about an alleged debt before reporting the account to a credit bureau Limits on the Frequency of Collection Conversations : Collectors generally must wait a week after speaking to a consumer before placing another call about that account Expanded Information on Required Debt Collection Notices : Collectors must expand the information that they provide to consumers when they provide a validation notice, which may make it easier for the consumer to identify the alleged debt or exercise their debt collection rights XXXX XXXX XXXX to Consumers Are Now Allowed : The CFPB states that collectors can provide required validation notices electronically in initial communications without complying with the federal E-SIGN Act Time-Barred Debt Collection : Collectors can still send requests to pay debts that are beyond the statute of limitations. They are prohibited from suing or threatening to sue on time-barred consumer debts Regulation F generally allows collectors to use electronic communications in collecting debts and in making required disclosures. The regulation provides the following rules for electronic communication in connection with collection of a debt : The limits and presumptions as to a debt collector communicating at an unusual or inconvenient time apply to electronic communication. An electronic communication occurs when the debt collector sends the communication, not, for example, when the consumer receives or views it. 
Regulation F has no specific frequency standards for emails or text messages sent to consumers, but they are still subject to the general standard as to harassment Regulation F requires debt collectors to provide notice in any electronic communication to a consumer of the right to opt out of a specific medium of electronic communication, and must disclose to the consumer a reasonable, simple, and free method to opt out of a specific mode of electronic communication Regulation F sets restrictions on a debt collectors use of electronic mediums to provide validation notices and other required disclosures : When an electronic validation notice is sent after an initial communication, the debt collector must first have complied with the E-SIGN Act, including its consumer consent provisions. 
Regulation F sets out optional guidelines as to the form for an electronic validation notice. 
With the exception as to notice to the consumer that the consumers dispute is duplicative, the debt collectorprior to an electronic responsemust comply with E-SIGNs consumer consent provisions The Consumer Financial Protection Bureau ( CFPB ) issued a final rule that explains how the FDCPA 's protections apply to digital communications and gives consumers the ability to unsubscribe from debt collectors ' electronic messages. 

The final rule clarifies that debt collectors can send you texts and emails to try to collect a debt. The final rule doesn't cap the number of messages a collector may send. But the rule makes it clear that the FDCPA prohibition on harassing conduct, like contacting you excessively, as well as the ban on communicating with you at inconvenient times or places, applies to electronic communications, such as texts and emails. ( 12 C.F.R. 1006.6, 1006.14 ). 

The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to email. 
TrueAccord has sent me numerous, unsolicited email messages about the alleged debt for several days within a one-week period ( See attachments ). TrueAccord has not communicated or attempted to communicate with me using any other medium. Even though the debt collector 's conduct doesn't violate any specific conduct that the FDCPA mentions, like using XXXX XXXX XXXX XXXX  XXXX, the messages were most likely intended to harass, oppress, or abuse me. So, the debt collector violated the FDCPA. 

Generally, the FDCPA prohibits a collector from contacting you at an unusual or inconvenient time or place. Calls before XXXX XXXX. and after XXXX XXXX  are presumed to be inconvenient FDCPA Violation : TrueAccord has sent me unsolicited email messages on XX/XX/XXXX at XXXX EST about the alleged debt ( See attachments ). 

Under the final rule, a debt collector who corresponds with you by text, email, or other electronic-medium must include a statement about how you can easily opt out of further electronic communications to that email address or telephone number. This requirement applies to specific email addresses, telephone numbers, or other electronic-medium addresses, like social media names or accounts. ( 12 C.F.R. 1006.6 ( e ) ). 
FDCPA Violation : TrueAccord has never provided a statement with instructions on how to opt out. The notice does include a single hyperlink labeled Unsubscribe. 

Under the amended law, collectors must provide more information in debt validation notices to help consumers identify the debt being collected, dispute the debt, and learn more about their legal rights. 

Under the current version of the FDCPA, when trying to collect a debt, a collection agency must give consumers specific information in its first communication, which is generally called a " debt validation notice, '' including : the amount of the debt the name of the creditor to whom the debt is currently owed a statement that unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector a statement that if the consumer notifies the debt collector in writing within the XXXX period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector, and a statement that, upon the consumer 's written request within the XXXX period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( 15 U.S.C. 1692g ( a ) ). 
If the initial communication doesn't contain this information, by law, the agency has XXXX days from the initial contact to provide it to the consumer. ( 15 U.S.C. 1692g ( a ) ). 
The " initial communication '' is the first time a debt collector conveys info, directly or indirectly, about a debt to a consumer. But it doesn't include legal pleadings, including bankruptcy proof of claims, limited content messages, and certain legally required notices. 

The amended FDCPA requires debt validation notices to include significantly more information and additional disclosures. Also, the amended law says that a debt collector may provide a validation notice in written or electronic form either in the initial communication with the consumer or within XXXX days after that. ( 12 C.F.R. 1006.34, 12 C.F.R. 1006.42 ). 
FDCPA Violation : TrueAccord sent the first communication via email on XX/XX/XXXX and did not include the legally required information mandated by FDCPA. I have never received an initial communication through email or XXXX mail from TrueAccord. ( See attachment ) In addition to the information noted above, the amended law requires additional disclosures in a debt validation notice. The FDCPA 's new disclosure requirements fall into XXXX general areas : information that helps a consumer identify the debt being collected information about consumer protections information to help consumers exercise their rights under the FDCPA, including a tear-off dispute form with pre-written prompts for disputing a debt, and disclosures required under certain laws. ( 12 C.F.R. 1006.34 ).

The amendments also allow debt collectors to include certain optional disclosures. 

For debts related to consumer financial products or services, a validation notice must also include, among other things : the name and mailing information of the debt collector, consumer, and actual creditor the debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original creditor information, and the itemized amount of the debt reflecting interest, fees, payments, and credits since the itemization date, and the itemization date. 
The " itemization date '' is XXXX of the following reference dates : the date of the last periodic statement or written account statement or invoice that the creditor provided to the consumer the charge-off date the last payment date the transaction date, or the judgment date. 
FDCPA Violation : TrueAccord sent the first communication via email on XX/XX/XXXX and did not include the Itemized date and Itemized Amount mandated by FDCPA. I have never received an initial communication through email or XXXX mail from TrueAccord. ( See attachment ) As with the original version of the FDCPA, the amended law gives the consumer 30 days to dispute the debt and request the original creditor 's name. This validation period runs from the date the debt validation notice is provided until 30 days after it is received or assumed received. Under the amended law, the collector may assume the consumer has received the notice XXXX days ( excluding federal legal public holidays, XXXX, and XXXX XXXX after the debt collector sent the notice. So, while the FDCPA provides a consumer with 30 days to exercise its consumer protections, including disputing and requesting validation of the debt, the amended FDCPA adds XXXX business days. 
FDCPA Violation : TrueAccord sent the first communication via email on XX/XX/XXXX and did not include the statement listed above. ( See attachment ) The amended FDCPA also requires collectors to provide the following information about consumer protections in debt validation notices. 
A statement that additional information regarding consumer protections in debt collection is available on the CFPB 's website at www.cfpb.gov/debt-collection. 
If the debt collector sends the validation notice electronically, a statement explaining how the consumer can dispute the debt or request original creditor information electronically. 

FDCPA Violation : TrueAccord sent the first communication via email on XX/XX/XXXX and did not include the statements listed above. ( See attachment ) XXXX of the most powerful tools you have under the FDCPA is to require that a debt collector verify the amount and validity of the debt it's trying to collect. ( 15 U.S.C. 1692g ( a ) ). 

Under the FDCPA 's new requirements, the collector must include a tear-off dispute form with pre-written prompts for disputing the debt in the validation notice. The form must say " How do you want to respond? '' and " Check all that apply '' with the following statements, listed in the following order, and using the following phrasing or substantially similar phrasing, each next to a prompt : '' I want to dispute the debt because I think : '' '' This is not my debt. '' " The amount is wrong. '' " Other ( please describe on reverse or attach additional information ). '' It must also include an option to select the statement, " I want you to send me the name and address of the original creditor, '' using that phrase or a substantially similar phrase next to a prompt. 

FDCPA Violation : TrueAccord sent the first communication via email on XX/XX/XXXX and did not include the statements listed above. ( See attachment ) A debt collector may, under the revised law, include any of the following information when providing debt validation information, among other things : the debt collector 's telephone contact information a number or code that the debt collector uses to identify the debt or the consumer, and either or both of the following phrases : " Contact us about your payment options '' and ( below the consumer-response information ) " I enclosed this amount, '' using that phrase or a substantially similar phrase, payment instructions after that statement, and a prompt. 

The FDCPA also mandates that a collector disclose in the initial communication that the collector is attempting to collect a debt and that any information obtained will be used for that purpose. The collector must also state that " the communication is from a debt collector '' in subsequent communications. ( 15 U.S.C. 1692e ( 11 ) ). These disclosures are often called the " XXXX. '' As per an opinion letter published by the FTC, reporting the collection to the credit bureaus is considered continued collection activity. TrueAccord is continuing with violations of the FDCPA for continuing to report invalidated and false debt information and is subject to a fine of {$1000.00} per each violation which can be collected in small claims court. 

Reporting false information to the credit bureaus has already resulted in defamation of my character and is negatively impacting my ability to get the best mortgage rates which I can prove in the court of law. As a matter of contract law, I am entitled to know the full accounting summary of the amount that is being claimed that I owe. 

The burden of proof is on TrueAccord to show it has the legal right to collect the debt and to show that I am liable for the correct amount TrueAccord asserts that I owe. The current creditors say-so is not enough to persuade me that the correct debt amount is actually owed. 

In XXXX, a debt lawsuit was filed by Opportunity Financial for the alleged debt and voluntarily dismissed the complaint in XXXX since the current creditor can not validate the correct Loan Origination Date and Outstanding Balance of the said loan ; therefore, this account can not be legally verified and needs to be removed from my credit report. 

XXXX XXXX is reporting incorrectly and have been falsely verified by XXXX XXXX via CRA disputes. Reason for Dispute : Incorrect balances ( {$5000.00} ) and Original Open Date can not be verified due to variances in Loan Origination Dates : XX/XX/XXXX vs. XX/XX/XXXX ( See attached document with varying Loan Origination Dates ) Leaving false information on my credit reports or parking an account is considered continued collection activity on an invalidated account and is an FDCPA violation. 

Leaving or parking this false information on my credit reports is currently preventing me from getting the best rates on credit approvals. 

I have disputed this false account balance with the consumer reporting agencies ( XXXX, XXXX, and XXXX XXXX ) using a Fair Credit Reporting Act dispute ( FCRA ) and it has been updated as verified by XXXX XXXXl.

Company response to consumer: Closed with explanation