Consumer complaint received 2023-12-29
Company: Rausch Sturm LLP
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Complaint against Rausch Sturm LLP for criminal conduct regarding barred lawsuit XXXX XXXX  reference XXXX presented now in multiple filings PART 1 of 5 SUPPLEMENT - XXXX  Demand for Arbitration - Consumer Arbitration Rules IN-PERSON hearings requested requiring all parties to appear Consumer : XXXX XXXX XXXX XXXX ) ( Claimant ) Business : XXXX XXXX XXXX XXXX XXXX XXXX acct # XXXX Lawsuit # XXXX INITIAL STATEMENT - XXXX CRIMINAL CONDUCT XXXX  has acknowledge that it received a CEASE and DESIST Notice on XX/XX/XXXX via XXXX CFPB Complaints and marked all XXXX accounts as Red Flagged to prohibit ALL Communication. At the request of XXXX, XXXX typed starting in XX/XX/XXXX and filed XXXX XXXX Consumer demands in early XX/XX/XXXX including XXXX case # XXXX for the XXXX  credit card account # XXXX listed above subjecting the entire dispute to the exclusive jurisdiction of XXXX pursuant to the attached arbitration agreement. Subsequent to the filing of the XXXX case, XXXX, by its lawfirm RAUSCH STURM LLP ( Rausch ), sent an invalid Debt Validation Notice for account # XXXX which XXXX complained in multiple CFPB complaints to XXXX and Rausch that the Notice violated the Cease and Desist Notices of XX/XX/XXXX and all disputes were pending in previously filed XXXX  binding arbitration cases. After XXXX filed extensive Discovery related pleadings for the XXXX active XXXX  cases on or about XX/XX/XXXX, XXXX counsel became frustrated and Rausch was retained and filed a prohibited lawsuit for solely account # XXXX against XXXX in Orlando Florida state court on XX/XX/XXXX knowing that XXXX had exclusive jurisdiction over the dispute for over XXXX months as XXXX counsel XXXX XXXX had filed Appearances, Answers, Affirmative Defenses and submitted relief regarding all account including # XXXX. This new XXXX case includes the egregious retaliatory conspiratory criminal conduct of XXXX, Rausch, XXXX XXXX, XXXX and others as set forth in the next XXXX pages. After XXXX complained to his XXXX Manager that XXXX  had filed XXXX other lawsuits on XX/XX/XXXX, rather than withdraw the XXXX lawsuits before the XX/XX/XXXX deadline required by the XXXX Manager, XXXX  escalated its RICO conduct by filing a XXXX  retaliatory state court lawsuit on XX/XX/XXXX by Rausch for account # XXXX. As written by the quotes of XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Never interupt your enemy when he is making a mistake and the opportunity of defeating the enemy is provided by the enemy himself. XXXX  retaliatory and criminal MISTAKES are FATAL and can not be overcome. SURRENDER by settlement is XXXX only realistic option to avoid never ending costly matters, including Florida Bar disciplinary matters. This matter has been escalated to XXXX Executive Vice-President, General Counsel and Secretary who is expected to deal with all matters to do what is right. 

XXXX  BINDING ARBITRATION AGREEMENT XXXX  attached Arbitration Agreement and Arbitration Provisions, written by XXXX, are contained in XXXX Cardmember Agreement. ( SEE EXHIBIT, attached hereto ). Consumer-Claimant-XXXX  files for Arbitration with the XXXX  pursuant to this Arbitration Agreement seeking IN-PERSON Hearings in XXXX, Florida. XXXX has been unable to obtain this Agreement directly from XXXX  despite multiple demands in writing directly to XXXX  via the Consumer Financial Protection Board ( CFPB ) Complaint portal despite the CFPB websites statement : Under federal law, your credit card issuer is required to provide a copy of your agreement upon request. Despite XXXX refusal of its obligation to provide XXXX with its credit card and arbitration agreements, XXXX filed its exact credit card and Arbitration provisions in the CFPB data base regarding agreements with XXXX as required by law. The source of XXXX  attached arbitration agreement is therefore from the CFPB data base in its online portal. It must be noted that XXXX was required to file all its arbitration agreements with the XXXX by certifying them as registered arbitration agreements and included in XXXX website ( XXXX  ). However, such agreement may not be the enforceable valid agreement filed with the CFPB but may be a fraudulent and poorly written and MATERIALLY inaccurate attempt to rewrite the true provisions to confuse and provide the consumers less than the true agreement by paraphrasing the valid agreement in question and answer form, MATERIALLY inconsistent with the one and only true agreement attached hereto. XXXX recommends that the XXXX promptly delete all of XXXX  MATERIALLY inaccurate, conflicting and inconsistent registered arbitration agreements, if any, and replace it with the valid standard one presented by XXXX herein and included in the CFPB website, of course, charging XXXX  with the appropriate fees to delete and amend the registered agreement. The only value of any XXXX purported arbitration agreement filed with XXXX is that it acknowledges that an arbitration agreement exists to allow this arbitration filing to proceed. XXXX simply, the XXXX and Arbitrator should not consider the XXXX arbitration agreement on file with the XXXX, if any, and it should be stricken from XXXX website as fraudulent, if inaccurate and intentionally frivolous, if conflicts exist. In the landmark Florida Supreme Court of Florida case of XXXX XXXX XXXX XXXX XXXX XXXX XXXX  decided XX/XX/XXXX CONCLUSION. We hold that, because XXXX Terms of Service incorporated by reference the XXXX Rules that expressly delegate arbitrability determinations to an arbitrator, the agreement clearly and unmistakably evidences the parties intent to empower an arbitrator, rather than a court, to resolve questions of arbitrability. Since XXXX  arbitration agreement, under identical sets of facts and law, empowers XXXX Arbitrator, not a court, judge or anyone else to rule on arbitrability on his or her own jurisdiction, the XXXX should promptly allow the parties to advance and select a mutually acceptable arbitrator in the XXXX Florida area to proceed with Arbitration. XXXX can not dispute the authenticity of the attached arbitration provisions as it has been incorporated in the public records of existing Florida state court lawsuits. More importantly, for this XXXX account, it has acknowledged the provision and accepted exclusive jurisdiction with the XXXX by filing in other XXXX cases Answers and Affirmative Defenses reserving the right to file counterclaims. Thus, there can be no objection to the jurisdiction of XXXX based on the attached arbitration provisions agreed to as binding by XXXX. Furthermore, in responses to CFPB complaints included herein under Claim # XXXX, XXXX wrote that XXXX should file XXXX demands for arbitration pursuant to the arbitration provisions which it acknowledged are valid and enforceable. 

Claimant, Consumer, XXXX, elects, selects, chooses and seeks IN-PERSON HEARINGS in XXXX Florida in this Individual Single Consumer Case providing a Filing Fee of {$220.00} which must be paid by XXXX  as the Arbitration Agreement states : RESOLVING A DISPUTE WITH ARBITRATION DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT : ( 1 ) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you and us This Arbitration section broadly covers claims, including counterclaims Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.The party who wants to arbitrate must notify the other party in writingThe party seeking arbitration must select either XXXX or XXXXto administer the arbitrationThe arbitrator must apply the same law, consistent with the Federal Arbitration Act ( FAA ), that would apply to an individual action in courtThe arbitrator will apply the same statutes of limitations and privileges that a court would apply if the matter were pending in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages and injunctive, equitable and declaratory relief The parties will bear the fees and costs of their attorneys, witnesses and experts. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you can not obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrators rules or that are necessary for this Arbitration section to be enforced This Arbitration section is governed by the FAA. 

XXXX selects, elects, demands and chooses XXXX for arbitration for the dispute with XXXX. XXXX agreed to pay 100 % of all arbitration and filing fees so all fees are required to be paid by XXXX and all billing should be sent to and paid by XXXX  without payment of any kind from XXXX who is unable to pay anything anyway and will be filing a FEE WAIVER by mail to XXXX XXXX, RI mailing address within XXXX  days of filing a Demand for Arbitration under Consumer Arbitration Rules. 

XXXX Consumer Arbitration Rules - Costs of Arbitration - Amended and Effective XX/XX/XXXX ( Costs ) states : Single Consumer Case Filing : In cases before a single arbitrator where the individual is the Claimant, a non-refundable** filing fee, capped in the amount of {$220.00}, is payable in full by the individual when a case is filed unless the parties agreement provides that the individual pays less. A non-refundable filing fee in the amount of {$370.00} is payable by the business once the individual claimant meets the filing requirements, unless the parties agreement provides that the business pay more. 

XXXX must pay any arbitration fees since XXXX agreed that If you ask, we will pay all the fees the administrator or arbitrator charges if you can not obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrators rules or that are necessary for this Arbitration section to be enforced, XXXX asks that XXXX pay all fees if XXXX can not obtain a waiver of fees. XXXX has demanded that XXXX file for arbitration but it has refused. If XXXX had filed for arbitration as demanded, it would have been required by XXXX rules to pay 100 % of all fees with the consumer to pay {$0.00}. XXXX failure to file can not force and shift liability to XXXX to pay fees that were required by XXXX to pay to XXXX. XXXX agreed to pay more than the {$370.00} filing fee for the business by also paying the {$220.00} filing fee of consumer XXXX as XXXX is further unable to pay anything and requires XXXX to pay all fees. Thus, pursuant to XXXX Rules on Costs, requiring XXXX to pay less or {$0.00}, XXXX  must pay and be billed for the {$370.00} business filing fee plus the {$220.00} Consumer filing fee or {$600.00} with XXXX required to pay {$0.00}. Thus, an XXXX Case Number for this filing should be assigned upon receipt of this filing as the full {$600.00} filing fees will be required to be paid by XXXX pursuant to its agreement to pay all fees including XXXX fees. The XXXX and the parties will not be prejudiced as a Case Number will be necessary anyway to credit payment from XXXX. Since the XXXX will not move forward until it receives the full {$600.00} and other fee payments required from XXXX, delaying ministerial assignment of an XXXX Case Number will not prejudice the XXXX as a Case Number will be necessary anyway to bill and credit payment from XXXX. Thus, it is in the best interest of the XXXX to promptly assign a Case Number for payment, billing and communication purposes. XXXX also submits details of his claims against XXXX so that the XXXX can calculate an initial estimate of the arbitrators costs regarding this dispute which will require XXXX full days of an IN-PERSON hearings in XXXX. Most of XXXX Discovery Requests will involve computerized credit card data in the possession of XXXX which it reported to credit reporting agencies about XXXX XXXX account so XXXX should be simple unless XXXX  refuses to report damaging needed data. XXXX expects extensive discovery issues caused by XXXX so the XXXX should take this into consideration when requesting payment from XXXX. XXXX expects a need for Discovery from credit reporting agencies XXXX, XXXX and XXXX XXXX about XXXX XXXX  account so the XXXX should keep this in mind when estimating fees to be ultimately paid by XXXX. A great amount of effort has been expended in the preparation of this multi-page filing to assist the reader and arbitrator in ascertaining a clear picture of the entire dispute and the type of simple Discovery required to prepare statements of undisputed material facts for IN-PERSON hearings.

Briefly explain the dispute ( attachment & supplement to item # 2 of Demand ) : This Demand For Arbitration under the Consumer Arbitration Rules arises under, inter alia, the Racketeer Influenced and Corrupt Organizations Act ( RICO ), 18 U.S.C. 1961-1968 ; the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681x ; the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692-1692p, the Florida Consumer Collection Practices Act ( FCCPA ), Florida Statutes ( FS ) Sections 559.55-559.785, and Floridas Extortion Statute Section 836.05 to obtain monetary civil and criminal related liabilities and penalties, statutory damages, punitive damages, extinguishment and forfeiture of disputed and UNLAWFUL debts, actual damages and attorneys fees and costs, permanent injunctive relief, and other equitable relief for XXXX  violations of RICO ( which imposes severe penalties for intentional criminal conduct constituting a pattern of Racketeering activity dealing with unlawful activities ), the FCRA, ( which imposes duties upon consumer reporting agencies and those who furnish information to a consumer reporting agency ( CRA ) or use information obtained from a CRA ), the FDCPA, 15 U.S.C. 1692-1692p, ( which imposes duties upon debt collectors ), the FCCPA ( which prohibits 19 practices set forth in FS 559.72 ), Floridas Extortion Statute Section 836.05 ( which imposes {$10000.00} fines and imprisonment ) and other repetitive extreme, outrageous, severe, reckless, illegal, unconscionable conduct and abuse of power, frauds on the Courts beyond bounds of decency intended, by licensed attorneys of the Florida Bar , to severely damage XXXX, a vulnerable XXXX XXXX XXXX Elder by the obvious resulting damage caused by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX lasting over XXXX  months. 

Further detailed explanation of the dispute with XXXX Claims including Statement of the Facts and Case with incorported Memorandum of Law : XXXX  has liability to XXXX under 15 U.S.C. 1681o which states : Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subsection with respect to any consumer is liable to that consumer in an amount equal to the sum of -- ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court XXXX has liability to XXXX under 15 U.S.C. 1681n which states : Civil liability for willful noncompliance ( a ) In General Any person who willfully fails to comply with any requirement imposed under this subsection with respect to any consumer is liable to that consumer in an amount equal to the sum of -- ( 1 ) ( A ) any actual damage sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00} which ever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00} whichever is greater. 
XXXX has liability to XXXX under 15 U.S.C. 1681q which states : Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title18, imprisoned for not more than XXXX years, or both. 
XXXX has liability to XXXX under 15 U.S.C. 1692k - Civil liability further states in relevant part : ( a ) AMOUNT OF DAMAGES Except as otherwise provided by the section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court XXXX  willfully violated 15 U.S.C. 1681s-2 ( a ) Duty of Furnishers of Information to Provide Accurate Information by ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors to XXXX, XXXX and XXXX XXXX despite the prohibition and ( B ) Reporting information after notice and confirmation of errors..that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
XXXX also willfully violated 15 U.S.C. 1681s-2 ( a ) ( 2 ) Duty to Correct and Update Information of Furnishers of Information as it ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate and did not promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 
XXXX has liability under the Racketeer Influenced and Corrupt Organizations Act ( RICO ), 18 U.S.C. 1961-1968, which imposes severe penalties for its deliberate known criminal conduct constituting a pattern of Racketeering activity dealing with unlawful activities. 
XXXX  has liability under Floridas Consumer Collection Practices Act ( FCCPA ) for violations of many of the 19 prohibited practices subsections of FS 599.72. 
XXXX has liability under Floridas Extortion Statute Section 836.05 for {$10000.00} per violation. 
XXXX  has liability for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Known With Substantial Certainty to cause severe harm to XXXX by licensed attorneys who knew better. 

ADDITIONAL OVERVIEW OF THIS XXXX  CASE For almost a year, XXXX has been disputing, via CFPB complaints, XXXX XXXX  credit card accounts with XXXX directly and separately with the major credit reporting agencies ( CRAs ) who forwarded disputes to XXXX  for investigation and response. However, despite such multiple and repeated disputes filed with the CFPB, XXXX and every CRA has willfully and maliciously failed to permanently mark the accounts as disputed on credit reports and failed to meet its obligations under federal and state law. On XX/XX/XXXX, XXXX filed a CEASE and DESIST notice with the CFPB whereby XXXX  was served via the portal on XX/XX/XXXX and required to immediately STOP all communications of any kind, both direct and indirect. XXXX  wrote the CFPB in early XXXX acknowledging the CEASE and DESIST notice and obligations recommending that XXXX file arbitration cases with the XXXX pursuant to the arbitration provisions with XXXX  to adjudicate existing disputes in the XXXX forum pursuant to the arbitration provisions. However, despite the CEASE and DESIST notices, XXXX, more than XXXX  days thereafter, maliciously and illegally referred its files to XXXX law firms ( on XX/XX/XXXX ) sending prohibited and aggressive Debt Validation Notices to XXXX received in XX/XX/XXXX and in the instant case for account XXXX, AFTER XXXX filed XXXX Arbitration cases including account # XXXX under XXXX case XXXX. In early XX/XX/XXXX, at the recommendation of XXXX, XXXX filed XXXX detailed XXXX page Arbitration cases with XXXX  which XXXX  accepted jurisdiction, filed Notices of Appearances by counsel, Answered the cases, paid filing fees and filed Answers and Affirmative Defenses subjecting the disputes to the exclusive jurisdiction of the XXXX  pursuant to the arbitration provisions. XXXX counsel became frustrated and rather than file a one sentence counterclaim in each of the XXXX XXXX cases, she orchestrated a criminal plan by deliberately arranging the filing of XXXX identical barred state court lawsuits, XXXX on XX/XX/XXXX and a XXXX  on XX/XX/XXXX for identical cases pending for XXXX months in XXXX arbitration cases with XXXX separate law firms being assigned to XXXX separate state court judges. This new XXXX arbitration demand and claims deal with extensive and ongoing repeated illegal retaliatory fraudulent and criminal actions by XXXX  and its lawyers for illegal actions AFTER the filing of the XX/XX/XXXX CEASE and DESIST notices and AFTER the early filing of XXXX XXXX cases in early XX/XX/XXXX before sending Rauschs Debt Validation Notice. Much of the illegal conduct is evidenced by CFPB Complaints served upon XXXX and its counsel, including Rausch, some of which are included in part hereinafter. There is so much illegal conduct by XXXX for the last XXXX  months that is difficult to present the facts chronologically so many of the CFPB communications will be presented in Claim # XXXX to give the reader a prospective for understanding all past claims including subsequent claims. While this NEW XXXX case is totally different from the pending XXXX XXXX cases against XXXX, XXXX re-alleges the previously filed XXXX cases as if specifically set forth at length herein so that a reader may fully understand the entire complex dispute with XXXX  which XXXX  has escalated with repeated criminal extortionate RICO activity known to be outrageous, especially by licensed attorneys. In a nutshell, while it may appear that XXXX left hand does not know what its right hand is doing, in reality, XXXX knew exactly what it had planned and executed with its conduct which, at a minimum, was fraudulent and extortionate. After XXXX complained on XX/XX/XXXX to XXXX counsel XXXX XXXX and his XXXX  Manager about the XX/XX/XXXX XXXX state court lawsuits, XXXX  in spite of XXXX exclusive jurisdiction escalated matters by retaliating in a conspiracy and filing a third state court lawsuit on XX/XX/XXXX by Rausch knowing it was prohibited. XXXX knows its actions are illegal but it refuses to comply with its statutory obligations. Any one of XXXX allegations is sufficient to justify a huge award against XXXX in favor of XXXX. In combination, the repeated malicious and retaliatory actions of XXXX mandates such a sizeable award to punish XXXX to prevent further illegal actions. To prevent a vexatious multiplicity of proceedings by XXXX  in multiple state and federal courts, XXXX has written to XXXX  Executive-Vice Present, General Counsel and Secretary, XXXX XXXX , but no response has been received except an attempt to conceal the unethical conduct.

CLAIM # 1 - Statement of the Facts and Law and Relief Requested Claimant, XXXX, is an individual who is a citizen of the State of Florida residing at all relevant times in XXXX XXXX, Florida. XXXX is a consumer as defined by 15 U.S.C. 1692a ( 3 ). On information and belief, XXXX  debt collector and law firm, XXXX XXXX XXXX XXXX XXXX ( XXXX ), is a Florida Limited Liability Company and Law Firm with a principal place of business in XXXX XXXX, Florida with offices at XXXX XXXX XXXX XXXX, XXXX XXXX in XXXX XXXX, Florida XXXX. On information and belief, XXXX  additional debt collector and law firm, Rausch Sturm LLP ( Rausch ) is a Nationwide Limited Liability Company and citizen of every state in which it operates with a principal place of business at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, WI XXXX and a Florida address at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, Florida XXXX. Rausch and XXXX are regularly engaged, for profit, in the collection of debts allegedly owed by consumers to creditors, such as XXXX. Rausch and XXXX are each a debt collector as defined by 15 U.S.C. 1692a ( 6 ). XXXX continues to falsely allege that XXXX owes a debt ( the Debt ) to XXXX which XXXX has disputed. XXXX filed multiple CEASE and DESIST demands to XXXX  on and after XX/XX/XXXX pursuant to multiple repeated written Complaints filed with the Consumer Financial Protection Board ( CFPB ), acknowledged by XXXX  and XXXX  attorneys and debt collectors, Rausch and XXXX, in CFPB responses. The Debt was primarily for personal, family or household purposes and is therefore a debt as defined by 15 U.S.C. 1692a ( 5 ). Sometime after the purported incurrence of the entirely disputed Debt, XXXX disputed the Debt due to willful and intentional violations of the FCRA, FDCPA and other statutes which are documented herein and in detail in pending XXXX  cases and numerous CFPB Complaints. XXXX took absolutely no action to correct the deliberate violations of law despite repeated notices from CFPB, XXXX, XXXX and XXXX XXXX. Thereafter, at an exact time known only to XXXX, Rausch and XXXX, the Debt was assigned or otherwise transferred by XXXX  to Rausch and/or XXXX for collection which XXXX claimed was on XX/XX/XXXX in responses to CFPB complaints. In its efforts to unlawfully collect the disputed debt containing a known and acknowledged CEASE and DESIST notice for ALL COMMUNICATIONS, Rausch, at the direction of XXXX, contacted XXXX by letter ( the Letter ) dated XX/XX/XXXX. The Letter was in an envelope postmarked and received after XX/XX/XXXX ( WEEKS AFTER XXXX FILED HIS XXXX CASE for account XXXX ) in an unsealed envelope believed sent by an unauthorized third party mailing service unauthorized to receive sensitive confidential personal data about XXXX in further violation of the FDCPA and state related statutes designed to protect sensitive data from being released to unauthorized parties. The Letter, barred by the CEASE and DESIST notice of XX/XX/XXXX, was the initial communication XXXX received from XXXX  debt collector Rausch as stated in the Letter regarding account # XXXX. The Letter is a communication as defined by 15 U.S.C. 1692a ( 2 ). 15 U.S.C. 1692e prohibits a debt collector form using any false, deceptive, or misleading representations in connection with the collection of any debt. The question of whether a collection letter is deceptive is determined from the perspective of the least sophisticated consumer. 15 U.S.C. 1692e ( 3 ) prohibits a debt collector from using the false representation or implication that any individual is an attorney or that any communication is from an attorney. The Letter is on the letterhead of XXXX debt collector, Rausch, a law firm. The Letter states, www. rauschsturm. comRausch Sturm LLP is a debt collector. We are trying to collect a debt that you owe to XXXX XXXX Call or write to us by XX/XX/XXXX, to dispute all or part of the debt If you write to us by XX/XX/XXXX, we must stop collection on any amount you dispute until we send you information that shows you owe the debt Go to www. cfpb to learn more about your rights under federal law. For instance, you have the right to stop or limit how we contact you The Letters non-existent signature block implies it was sent by Rausch Sturm LLP but is unsigned as it was obviously or possibly sent by an unauthorized mailing service or ROBO FILER where XXXX sensitive personal data was released. The Letter identifies Rausch as a debt collector. Rausch was acting as a debt collector, as defined by the FDCPA, concerning XXXX  alleged yet disputed debt despite known red flags in the file containing XXXX XX/XX/XXXX CEASE and DESIST notices barring any further communication of any kind including the XX/XX/XXXX notice of Rausch. The FDCPA and related statutes prohibit a debt collector from sending a letter, such as the subject Letter herein, if such letter misleads the consumer regarding meaningful attorney involvement in the debt collection process. A letter, such as the subject Letter herein, does not mislead a consumer regarding meaningful attorney involvement in the debt collection process so long as that letter includes a disclaimer, such as the following : At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. The Letter contains no such disclaimer. Because the Letter states that it is from a law firm, and because the Letter contains no disclaimer as to meaningful attorney involvement, the least sophisticated consumer would likely believe that one or more attorneys have been personally involved in the day-to-day collection of XXXX debt. The least sophisticated consumer would likely be deceived by Rauschs conduct especially in light of the CEASE and DESIST notices red flagged by XXXX  on XX/XX/XXXX as acknowledged by XXXX  in responses it sent to the CFPB documented herein. The least sophisticated consumer would likely be deceived in a material way by Rauschs conduct especially in light of the CEASE and DESIST notices specifically acknowledged by XXXX. The least sophisticated consumer would likely be deceived into believing that an attorney had meaningful involvement in the collection of the alleged debt especially since CEASE and DESIST notices had been red flagged on XX/XX/XXXX in XXXX system available to even ROBO FILERS such as Rausch after the required investigation from XX/XX/XXXX to XX/XX/XXXX. XXXX, by its actions referring the matter to a debt collector and the actions of its debt collector agent Rausch, has violated 15 U.S.C. 1692e by using a false, deceptive, and misleading representation in its attempt to collect the disputed debt containing known CEASE and DESIST notices.

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