Consumer complaint received 2022-02-25
Company: ACIMA CREDIT, LLC
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
ACIMA DIGITAL FKA SIMP is a collection agency for rental properties and has reported to my credit report on XX/XX/2021. I never received any correspondence from them about owning debt so I was not afforded the right to request validation of debt, nor did they ever send me anything showing I owed the debt prior to reporting on my credit report. When I got notice of collection on my report, I immediately sent a debt validation letter to said company. I request this debt to be VALDATED and ACIMA DIGITAL FKA SIMPL send me a response dating XX/XX/2021 which stated they were the original creditor and they provided a " Statement of Payments '' that shows alleged rent accrued, payments successfully made, failed payments, and past-due balances ''. They stated in there response this was there way of VERIFIYING the debt, however I requested the debt to be VALIDATED NOT VERIFIED. So they did not meet the request of my demands yet still report negatively on my credit report which is tarnishing my reputation and character. They will not reply to any further requests for VALIDATION because they feel as if they did when there letter clearly states they are verifying the debt and not validating. 

Title 8 USC 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 

XXXX XXXX XXXX : VERIFICATION. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. 
In conjunction with the above request, upon further investigation I did not receive All MY TRUTH IN LENDING DISCLOSURES. 

Provide me with my truth in lending disclosures 15 usc 1635 ( a ) Be advised that this claim was and is being disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( TILA ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owed by the Claimant. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 

15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. 

If proper validation of this alleged debt is not provided within receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me. 

This is NOT a request for verification or proof of Claimant mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above-named Titles and Sections. I respectfully request that your offices provide Claimant with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. 

Provide under Rule 1002. Requirement of the Original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. 

ACIMA DIGITAL FKA SIMP offices has reported invalidated information to XXXX prior to validation and proof of claim of the disputed debt, 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 consumer reports by your ACIMA DIGITAL FKA SIMP the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 1341 ( Mail Fraud ) 15 U.S. Code 1692e - False or misleading representations. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 

15 U.S. Code 1692b - Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and 15 U.S. Code 1692c - Communication in connection with debt collection : ( a ) 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 I did not give them permission or received a court order giving permission. 

15 U.S. Code 1692d - Harassment or abuse ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. Putting this false information on my consumer report has damaged my reputation and tarnished my character AND LIVELIHOOD. 


A negative balance means I owe something but if balance in positive amount, how is it a bill/debt owed? 15 US Code 1666- Correction of billing errors : if sending me a bill or statement, then billing error and violates my consumer rights.

15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. This company has tarnished my reputation and violated so many of my consumer rights. 

Also on my XXXX consumer report it is reporting as a Collection then Charge-Off status since XX/XX/2021. A Charge off is a cancelled debt as a loss to creditor but income to me. According to the 2021 IRS Publication, any charge-off in the amount of $ 600+, the consumer is supposed to receive a 1099-C to submit on tax return as income. Since a charge off is considered ORDINARY income, you cant report income on credit report only DEBT then whys is this account being reported when its clearly INNACCURATE. 

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact.

Prohibition : a law or regulation forbidding something As Defined by The IRS Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! 


By Definition The IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is in accurate. 
15 USC 1681 s-2 Says you XYZ company are a furnisher of information to a consumer reporting agency. 
You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/ in accurate information immediately. 
15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in chapter XXXX. 
The above paragraph is taken directly from the IRS 2021 publication. 

SEND ME MY FORM 1099-C that you should have sent when you Filed the account as a canceled debt.

15 U.S. Code 1681s2 ( a ) Duty of furnishers of information to provide accurate information Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. 
You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report.

Company response to consumer: Closed with explanation