Consumer complaint received 2018-06-02
Company: WELLS FARGO & COMPANY
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Notification didn't disclose it was an attempt to collect a debt

Complaint:
MY MOTHER RECEIVED A CALL FROM THIS DEBT COLLECTOR NAMED " XXXX '' STATING THAT I WAS IN TROUBLE AND THAT I NEEDED TO CALL HIM IMMEDIATELY AND GAVE HER HIS PHONE NUMBER. MY MOTHER WHOM IS IN HER MID XXXX 'S CALLED ME IN A PANIC STATING THAT IF I DONT CALL " XXXX '' I WILL BE IN LOTS OF TROUBLE. 

I CALLED AND SPOKE TO " XXXX '' AND THE FIRST THING THAT CAME OUT OF MY MOUTH WAS THAT I AM RECORDING OUR CONVERSATION AND HE PROCEEDING WITH HIS OWN VERSION OF THE MINI MIRANDA WHICH STATED " THIS IS TO COLLECT A RESTITUTION AND ALSO BEING RECORDED '' I HAVE BEEN A DEBT COLLECTOR, A COLLECTIONS MANAGER AND ALSO A COLLECTION AGENCY OWNER AND PER THE FDCPA THE CORRECT VERSION OF THE MINI MIRANDA IS " THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE '' YOU MUST ALSO STATE PER FDCPA THAT THIS IS A COMMUNICATION FROM A DEBT COLLECTOR, WHICH WAS NEVER STATED. 

" XXXX '' PROCEEDED TO TO ASK ME IF I WANTED TO HANDLE THIS VOLUNTARILY, IMPLYING THAT I WOULD BE IN SOME SORT OF TROUBLE IF I DONT PAY. WHICH IS EXACTLY WHAT HE CONTINUED TO DO PER 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 

HE ALSO VIOLATED 807. False or misleading representations ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 

I HAVE NEVER RECEIVED ANY INITIAL DUNNING LETTER FROM THIS COMPANY IN THE MAIL PER 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- XXXX 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty 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 ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day 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 ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 

XXXX ALSO VIOLATED 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 

15 USC 1692k I AM REQUESTING THAT NOT ONLY AM I PURSUING THIS COMPANY LEGALLY BUT PER STATE AND FEDERAL LAW I WILL BE ALSO FILING COMPLAINTS AGAINST XXXX PERSONALLY. 

THE RESOLUTION THAT I WOULD LIKE FROM THIS COMPANY AND FROM XXXX IS FOR THEM TO PAY OFF THE DEBT IN FULL AND I AM ALSO REQUESTING THAT I GET A LETTER IN WRITING STATING THAT THIS IS RESOLVED IN FULL TO MY EMAIL AND ALSO TO MY HOME ADDRESS.

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