Consumer complaint received 2021-12-15
Company: ERC
State: VA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Enhanced Recovery XXXX XXXX XXXX. 
XXXX, FL XXXX Attn : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Reference # XXXX You have still yet to properly address my statements as outlined and reiterated below in response to your CFPB unsatisfactory response.

ERC Statement : Please note our agency is not a debt purchaser. Our client maintains ownership of their account ; therefore, we service the account on their behalf. 

Please advise : Who provided ERC with authorization to obtain my information and collect on behalf of XXXX? Corresponding Violation : 15 USC Code 1681b indicates that unless requested by federal grand jury or submitted in writing by myself the consumer which I did not provide so therefore whether you are collecting on their behalf of not you have no right without my consent. 

Closing the account does not negate the violations and they need to be addressed as such. 

ERC Statement : By that time, ERC had already ceased collection activities due to disputes that were forwarded to our offices from the credit reporting agencies and obtained verification of the debt, or the name and address of the original creditor, and a copy of such verification as defined by 15 U.S.C.A. 1692g ( FDCPA ) ; as well as 623. ( a ) ( 8 ) ( e ) ( i ) of the Fair Credit Reporting Act ( FCRA ) was provided to XXXX XXXX on XX/XX/XXXX, and XX/XX/XXXX, respectively. Please note that the FDCPA and the FCRA does not define verification beyond the above language. It also does not require the debt collector to obtain a copy of the original contract. 

Consumer Response : Please provide proof of receipt of said documents you indicate were provided on XX/XX/XXXX and XX/XX/XXXX as I never received in order to dispute based on 15USC 1692g. 

ERC Statement : Furthermore, XXXX XXXX was advised, the telephone calls associated with the above-referenced account were reviewed and it was found, she was advised that ERC reports the true and accurate status of the account. 

Consumer Response : The Consumer, never gave ERC consent to furnish this on my consumer report. Pursuant to Corresponding Violation : 15 USC Code 1681b indicates that unless requested by federal grand jury or submitted in writing by myself the consumer you do not have consent to furnish information. Who gave you authorization? 
There is no federal law that indicates you must furnish anything on my consumer report without my consent. 

Per my previous response ERC reflected that my consumer report reflects that my disputes were reinvestigated in XX/XX/XXXX. Per my last request, Please provide proof with steps taken to investigate. Corresponding Violation : 15 USC Code 1681a defines an investigation by performance of interview with either neighbors, friends, or associates of the consumer. Please provide written response with whom you performed interviews with in order to investigate debt. Included copy of consumer report showing investigation comment. 

ERC Statement : A delinquent XXXX account with number XXXX was placed with our office for collection on XX/XX/XXXX, in the amount of {$460.00}. Please note our agency is not a debt purchaser. Our client maintains ownership of their account ; therefore, we service the account on their behalf. 


Consumer Response : If ERC was not the debt purchaser your communication sent out to me is also in further violation and misleading and further justifies my point. If ERC only works on behalf of client, why is all information listed on my consumer report reflect ERC? 

Also the attached communication that was submitted to me by ERC is a direct violation pursuant to 15 USC 1692 ( b ) ( 2 ) which states that your communication should not state that consumer owes any debt. Please see your communication dated XXXX. 

My request is that be removed from my consumer report due to the violations stated, and refund the {$200.00} or I will be forced to move forward based on violations which will be more costly than what is being requested. 

Thank you in Advance for your cooperation

Company response to consumer: Closed with explanation