Consumer complaint received 2016-01-17
Company: Professional Credit Management, Inc
State: AR
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I do not have an " open account '' with the creditor they represent, XXXX XXXX, formerly XXXX XXXX. 

Using the common definition of an " open account '' as one not being closed and active, or the legal, banking definition of an " open account '', a revolving account, such as a loan/credit card, this agency is communicating to me false, deceptive, and misleading information. 

Under the FDCPA, reporting to the credit bureaus is a communication to me, the consumer. 

XXXX v. XXXX XXXX , XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX. XXXX ) ( " Reporting to credit bureaus is a communication within the FDCPA ) ) Banks v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX XXXX, XXXX ) ( " rejecting the argument that reporting to the credit bureau was not a communication to the consumer and was not debt collection activity '' ) ) XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX, XXXX ) ( " The court has learned through its work on countless FDCPA cases that threatening to report and reporting debts to CRAs is XXXX of the most commonly-used arrows in the debt collector 's quiver '' ) ) Professional Credit Management alleges and communicates to me, via my credit reports, that I made a " last payment '' to their client on XXXX XXXX, XXXX, although they do not state the payment amount ( see attachment ). 

Along with having no " open account '' with either bank, nor have I ever made the alleged payment which PCM is illegally reporting and communicating to me via my credit reports. 

This agency has been reporting against me for over two years, and has refused to remove their illegal reporting. I recently filed a complaint with your agency, because I owe no money to the bank which PCM alleges. 

PCM only respond with their own internal document that stated nothing more than I owe what they claim, yet provided no actual independent admissible, in a court of law, proof. 

The did not state the name of the party verifying the information. 

This agency is a repeat violator of the FDCPA against me, and even paid a settlement to me two years ago, for their violations against me. 

They claimed I owed another debt which I clearly did not owe. 

They could provide no proof of the debt, and even illegally disclosed to a third party that another party owed a debt. 

Myself and this other party were forced to retain counsel ( XXXX XXXX, XXXX ). It was only after an attorney forced them to comply with the law, did they finally comply with the law. 

Currently, they have violated the FCRA and FDCPA for over two years against me, with its current illegal reporting. 

I respectfully ask that your agency demand that PCM provide to you proof of the alleged payment made on this alleged account on the date PCM claims I made such payment. 

PCM 's conduct, as it did two years ago against me, violates the FDCPA, FCRA, the Arkansas Fair Debt Collection Practices Act, and the Arkansas Deceptive Trade Practices Act. 

Their conduct is also perilously close to civil RICO violations, as they have been put on notice numerous times their conduct is illegal, yet they continue to target me. 

I can only assume it 's in retaliation for bringing them to justice the last time they violated the law against me. 

A literally false statement violates the FDCPA as a matter of law. See, XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). 

PCM 's statements on my credit reports are false, and this violates the law. PCM 's disagreement with the law does not trump the law. 

This is a repeat FDCPA violator, and if they dispute this, I can provide your agency with proof of their prior violations and proof they were forced to pay FDCPA damages. 

In approx. two weeks I am filing a private action against PCM and XXXX XXXX, which I will forward to you also. 

I can also provide to you contact information of others PCM was forced to pay FDCPA settlements for clear violations of the Act.

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