Consumer complaint received 2019-12-03
Company: Commonwealth Financial Systems, Inc.
State: TX
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:
I recently discovered negative information furnished about me to one or more consumer reporting agencies ( CRAs ) by a company unknown to me regarding an unverified account and alleged debt. My inability to verify the truth and accuracy of the information furnished by the furnisher prompted me to search my books and records for more information. A meaningful review and investigation of my records indicate that I am devoid of a bonafide and meaningful relationship with the furnisher of the negative information as I was unable to locate a record of any previous transactions, outstanding contractual obligation/s, and/or agreement/s between myself and the furnisher and/or its alleged assignor ( if any ). A further review and investigation of my records indicate that I am WITHOUT record or receipt of any communications ( written or other ) from the furnisher, and/or its alleged assignor ( if any ) regarding the intent to furnish negative information about me to the CRAs prior to such action being taken against me. An investigative search via the internet has led me to believe that this is a common practice among collection agencies engaged in collection activity. In fact, it is so common that theres a name for this practice. Its called parking the debt. Although I was unable to find any written law directly prohibiting this type of conduct and behavior, I was pleased to discover that on XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX wrote a report about it ( see attached ), and on XX/XX/XXXX, the United States District Court for the XXXX District of Florida granted the Federal Trade Commission an order for entry of a consent decree prohibiting a certain debt collector ( XXXX XXXX , XXXX ) from- " Parking '' or placing debt on a consumer 's credit report when it has failed to notify the consumer in writing about the negative report ( Case XXXX ). It is my contention that the collection practices employed by the furnisher listed in this complaint bear a striking resemblance to the practices prohibited by the FTC in the consent decree issued against XXXX XXXX , XXXX. In my opinion, these practices are not only unfair and deceptive, but constitute both a trespass and invasion of my legally protected interests. Notice of the alleged debt/negative information, and that the furnisher intended to communicate such to a third party is of particular importance to me, the deprivation of which has caused my character, credit, and reputation to be unjustly damaged. Had the furnisher opted to notify me of its intent to furnish the negative information, prior to the actual furnishing of said information, I could have utilized my protections under the Fair Debt Collection Practices Act ( FDCPA ) in a timely fashion, which may have aided me in mitigating, or preventing, the harm incurred or associated with negative reporting. For example, I would have requested that the furnisher provide me with properly authenticated original account and loan level documentation, verified under oath and penalty of perjury, and upon receipt of such, I would have had a material representation from the furnisher with which to base my decision to pay. I understand that the furnisher may claim to have sent me prior notice in the past in order to preserve its defense ( s ) and/or claim ( s ) to the failure to give notice. I am not a litigious person, and at this time I dont necessarily have an interest in pursuing legal action against the furnisher for what I believe is its failure to give notice, and possibly may be willing to forego that. However, as it stands now, the furnishers continued reporting is something that I can very well be offended by. Notwithstanding the production of substantively admissible facts in the form of properly authenticated original account and loan level documentation, I must deny the existence of this alleged debt.

Company response to consumer: Closed with explanation