Consumer complaint received 2017-05-23
Company: ERC
State: NJ
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
ERC > XXXX XXXX XXXX claims i owe them something? can they show services I have accepted or a contract with my wet blue ink signature with a required obligation to perform??, If not then they are using my personal and private information without my consent which is a 2nd degree felony, also there are 2 counts on this letter posted in the pdf attachment, using fictitious names wich is another felony on a more serious measure, the fine is XXXX XXXX dollars and or 15 years imprisonment per violation, there are 2 violations showing on their letter!!! NOTICE! The use of fictitious names or addresses ( ALL CAPITAL LETTERS ) in a private individuals name, or a ZIP CODE, against the individuals wishes, is a crime under Title 39 U.S.C. Section 3003, Title 18 U.S.C. 1302, 1341, 1342., and is punishable by up to 15 years imprisonment and {>= $1,000,000} fine. Title XLVI CRIMES Chapter 817 FRAUDULENT PRACTICES View Entire Chapter 817.568Criminal use of personal identification information. ( 1 ) As used in this section, the term : ( a ) Access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument. ( b ) Authorization means empowerment, permission, or competence to act. ( c ) Harass means to engage in conduct directed at a specific person that is intended to cause substantial emotional distress to such person and serves no legitimate purpose. Harass does not mean to use personal identification information for accepted commercial purposes. The term does not include constitutionally protected conduct such as organized protests or the use of personal identification information for accepted commercial purposes. ( d ) Individual means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. ( e ) Person means a person as defined in s. 1.01 ( 3 ). ( f ) Personal identification information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any : 1.Name,  postal or electronic mail address, telephone number, social security number, date of birth, mothers maiden name, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, XXXX or food assistance account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card ; 2.Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; 3.Unique electronic identification number, address, or routing code ; 4.Medical records ; 5.Telecommunication identifying information or access device ; or 6.Other number or information that can be used to access a persons financial resources. ( g ) Counterfeit or fictitious personal identification information means any counterfeit, fictitious, or fabricated information in the similitude of the data outlined in paragraph ( f ) that, although not truthful or accurate, would in context lead a reasonably prudent person to credit its truthfulness and accuracy. ( 2 ) ( a ) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individuals consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,  or s. 775.084. ( b ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individuals consent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$5000.00} or more or if the person fraudulently uses the personal identification information of 10 or more individuals, but fewer than 20 individuals, without their consent. Notwithstanding any other provision oflaw, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. ( c ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individuals consent commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$50000.00} or more or if the person fraudulently uses the personal identification information of 20 or more individuals, but fewer than 30 individuals, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 5 years imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$100000.00} or more, or if the person fraudulently uses the personal identification information of 30 or more individuals without their consent, notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 10 years imprisonment. ( 3 ) Neither paragraph ( 2 ) ( b ) nor paragraph ( 2 ) ( c ) prevents a court from imposing a greater sentence of incarceration as authorized by law. If the minimum mandatory terms of imprisonment imposed under paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ) exceed the maximum sentences authorized under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment under paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ) are less than the sentence that could be imposed under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the sentence imposed by the court must include the mandatory minimum term of imprisonment as required by paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ).
( 4 ) Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning an individual without first obtaining that individuals consent, and who does so for the purpose of harassing that individual, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
( 5 ) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s. 119.011, the offense is reclassified to the next higher degree as follows : ( a ) A misdemeanor of the first degree is reclassified as a felony of the third degree. ( b ) A felony of the third degree is reclassified as a felony of the second degree.
( c ) A felony of the second degree is reclassified as a felony of the first degree.
For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.921.0022 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart in s. 921.0022. ( 6 ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is younger than XXXX XXXX of age or XXXX XXXX of age or older without first obtaining the consent of that individual or of his or her legal guardian commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ( 7 ) Any person who is in the relationship of parent or legal guardian, or who otherwise exercises custodial authority over an individual who is younger than XXXX XXXX of age or XXXX XXXX of age or older, who willfully and fraudulently uses personal identification information of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. ( 8 ) ( a ) Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
( b ) Any person who willfully and fraudulently uses personal identification information concerning a deceased individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is {$5000.00} or more, or if the person fraudulently uses the personal identification information of 10 or more but fewer than 20 deceased individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. ( c ) Any person who willfully and fraudulently uses personal identification information concerning a deceased individual commits the offense of aggravated fraudulent use of the personal identification information of multiple deceased individuals, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is {$50000.00} or more, or if the person fraudulently uses the personal identification information of 20 or more but fewer than 30 deceased individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of the offense described in this paragraph to a minimum mandatory sentence of 5 years imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$100000.00} or more, or if the person fraudulently uses the personal identification information of 30 or more deceased individuals, notwithstanding any other provision of law, the court shall sentence any person convicted of an offense described in this paragraph to a mandatory minimum sentence of 10 years imprisonment. ( 9 ) Any person who willfully and fraudulently creates or uses, or possesses with intent to fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious individual, or concerning a real individual without first obtaining that real individuals consent, with intent to use such counterfeit or fictitious personal identification information for the purpose of committing or facilitating the commission of a fraud on another person, commits the offense of fraudulent creation or use, or possession with intent to fraudulently use, counterfeit or fictitious personal identification information, a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.
( 10 ) Any person who commits an offense described in this section and for the purpose of obtaining or using personal identification information misrepresents himself or herself to be a law enforcement officer ; an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency ; or any person who wrongfully represents that he or she is seeking to assist the victim with a problem with the victims credit history shall have the offense reclassified as follows : ( a ) In the case of a misdemeanor, the offense is reclassified as a felony of the third degree. ( b ) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree.
( c ) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree.
( d ) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony.
For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart.
( 11 ) A person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is XXXX  years of age or older ; a XXXX adult as defined in s.825.101 ; a public servant as defined in s. 838.014 ; a  veteran as defined in s. 1.01 ; a first responder as defined in s. 125.01045 ; an individual who is employed by the State of Florida ; or an individual who is employed by the Federal Government without first obtaining the consent of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
( 12 ) In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of this section, the court shall impose a surcharge of {$1000.00}. ( a ) The sum of {$500.00} of the surcharge shall be deposited into the Department of Law Enforcement Operating Trust Fund for the department to provide grants to local law enforcement agencies to investigate offenses related to the criminal use of personal identification information as provided in s. 943.0412.
( b ) The sum of {$250.00} of the surcharge shall be deposited into the State Attorneys Revenue Trust Fund for the purpose of funding prosecutions of offenses relating to the criminal use of personal identification information. The sum of {$250.00} of the surcharge shall be deposited into the Public Defenders Revenue Trust Fund for the purposes of indigent criminal defense related to the criminal use of personal identification information.
( c ) The clerk of the court shall retain {$1.00} of each {$1000.00} surcharge that he or she collects as a service charge of the clerks office. ( d ) The surcharge may not be waived by the court. In the event that the person has been ordered to pay restitution in accordance with s. 775.089, the surcharge shall be included in a judgment.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation