Consumer complaint received 2022-02-19
Company: ERC
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I'm not an attorney. I'm speaking on my own experiences. See Complaint ID XXXX for proof of documentation. 

ERC 's response is mischaracterized hearsay and is inadequate. My desired resolution includes monetary relief of which ERC did not acknowledge whatsoever. In fact, most of the violations described in my Affidavit of Truth were not acknowledged. If their account of events were true, they would have responded to my Affidavit of Truth in a timely manner, yet they refused to respond to it at all. I sent proof of my documentation, yet ERC makes claims of sending documentation that they fail to provide proof for. How can they be trusted? 

I never once received any documentation in response to my validation letter. I never received a notification that they would cease collection activity. I find it unlikely ERC removed my information from their accounts precisely 1 day before I submitted my CFPB complaint and about 160 days after their alleged validation of the referenced debt, I'd like to be shown proof. I demand that ERC show proof that I received their documentation, as I have provided, otherwise their account should be considered to be untrue in light of my Affidavit of Truth. At this point, I consider their ethics to be unconscionable, and if ERC 'S hearsay is to be considered truth without proof, I consider that to be unfair. These are violations of 15 USC 1692f and 15 USC 1692d.

In Definitions 15 USC 1602 ( e ) the word " person '' is defined for the entire section as " A natural person OR an organization ''. Definitions in 15 USC 1692a ( 6 ) defines a debt collector as " ANY PERSON... who regularly collects or attempts to collect, directly, or indirectly, debts owed, or due, or asserted to be owed or due another ... '' therefore ERC must follow the FDCPA guidelines as a debt collector. 

I have the recorded phone call that I was given permission to record. Around the 9 minute mark, the initial representative 's superior ( XXXX ) is stating that they do not follow FDCPA guidelines and are unfamiliar with them in their entirety. As well as her statement that they didn't require my permission to furnish items on my consumer report, and that they regularly conduct business by disregarding permissible cause. The initial representative ( XXXX XXXX ) also stated that ERC did not require my permission to furnish negative items on my consumer report stating, " That's not how credit works '' earlier in the call. This call took place around XXXX and lasted over 12 minutes. During this time I told them how they were violating my federally protected rights as a consumer, the documentation they would receive, and that I expected my invoice to be paid within 30 days, as to avoid late fees. ERC was not attempting to " help '' me in any way, they wanted to strongarm me into paying a debt which they've confirmed was not validated. This call took place at a highly inconvenient time for me, which is another violation pursuant to 15 USC 1692c ( a ) ( 1 ), as I continuously stated. This entire call is a shining showcase of ERC 'S blatant disregard for the FDCPA and I have no problem providing it for everyone to hear since they believe they were so exemplary. 

ERC failed to fulfill my specified remedy, as the original creditor, outlined in my Cease and Desist letter. Pursuant to 15 USC 1692c ( c ) ( 2 ) I expressed that if any portion of the form i provided was not completed and returned with copies of all requested documents within 30 days upon their receipt that their claim can not and would not be considered. ERC, until now, failed to respond altogether. 

ERC 's claims to furnish negative and false items on my consumer report to defame my character and inevitably create unnecessary hurdles throughout my livelihood is considered by me to be a threat. I also consider any threat to be obscene language, which you will find in my recorded phone call. These are both direct violations of 15 USC 1692d ( 1 ) & ( 2 ). In their response, ERC verifies that they are a 3rd party entity that I have no contract with that obtained my location information by communicating with another person other than the consumer that has contacted me without my permission to attempt to collect an alleged debt they say I owe without any proof. The way ERC procured my location information is a violation of 15 USC 1692c ( b ), 15 USC 1692b, 15USC 1692b ( 2 ), ( 3 ) & ( 5 ). These are violations of my rights and I am demanding they pay the invoice they received immediately. If ERC would like to contact me to come to an agreement on what they owe me for violating my federally protected consumer rights, they can do that as well.

Company response to consumer: Closed with explanation