Consumer complaint received 2016-08-17
Company: Simon's Agency, Inc.
State: NY
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Disclosure verification of debt
Sub-issue: Right to dispute notice not received

Complaint:
Dear XXXX : I am submitting this complaint to bring to your attention the violations of FDCPA committed by Simon 's Agency. 
There are multiple inconsistencies including dates reported, type of account, balance, etc that even if the debt reported was an obligation of mine, and not unverified or out of the statue of limitations, it would still place Simon 's Agency in clear violation of the law. Section 623 ( a ) ( 5 ) of the FCRA, which specifies that any entity that reports information to credit bureaus about a delinquent consumer account that has been placed for collection or written off must report the actual month and year the account first became delinquent. Simon 's Agency reports " date opened '' as XX/XX/XXXX, which is misleading and self-contradictory even according to their own claim which states that the last payment was received in year XX/XX/XXXX.There are several inconsistencies in the days and years on the credit bureaus reports. And there is no document, contract or any evidence produced as a frame of reference for any outstanding or existing debt. 

Note that section XXXX of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous Credit Information XXXX XXXX XXXX XXXX XXXX. XXXX Please further note that The Court holds strong legal and ethical policies against filing suits after the statue of limitations has expired. A call from a XXXX XXXX XXXX and XXXX XXXX XXXX/XXXX/XXXX and XXXX/XXXX/XXXX XXXX was in clear violation of the law when he called me. 

Please note that Simin ; s Agency have/are violating the FDCPA several times by reporting to the CRA 's. 

Among others, following statutes have been violated : Violated XXXX XXXX XXXX ( XXXX ) ( A ) by falsely characterizing the account as " Open '', with date opened listed as XXXX XXXX. 

Violated XXXX XXXX XXXX ( by communicating credit information which is known or which should be known to be false, by reporting the account as " Open '' and with the XXXX XXXX as the date it was opened. 

violated XXXX XXXX XXXX ( XXXX XXXX by using any false representation or deceptive means to collect or attempt to collect any debt by knowingly reporting the account as " Open '' and with the XXXX XXXX date. 

Violated XXXX XXXX XXXX by using unfair or unconscionable means to collect or attempt to collect any debt by reporting the account as " Open on XXXX XXXX '' to result in a greater negative impact to my credit scores. 

Furthermore, I have never received any notice of default from collection agency Simon 's Agency. 
Despite the fact that Simon 's Agency had no record of my residence/address in XXXX ( it only lists the XXXX XXXX XXXX XXXX XXXX MD XXXX as my address in their records ), it now claims that it has sent a legal Collections Notice to me in XXXX of XXXX. The fact is it had not, and could not because according to its ' own records it had no knowledge of my residential and mailing address in XXXX XXXX or at any time thereafter, until I sent them the Validation request in XXXX of XXXX. 

Multiple attempts ( including filing a complaint via XXXX ) to resolve this matter with Simon 's Agency ( third party collection agency ), or XXXX and XXXX directly ( allegedly the original creditor ) have failed. 

Simon 's Agency collection company had failed to produce any evidence to substantiate it 's claims, or to correct erroneous information. It continues to willfully submit inaccurate and unsubstantiated information to credit bureaus in an attempt to collect the debt while employing deceptive and unconscionable means.

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