Consumer complaint received 2023-04-20
Company: RentDebt Automated Collections, LLC
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
I am writing in response to the recent communication from Rent Debt Automated Collections ( RDAC ) regarding the alleged debt that they claim I owe. In their response, to the CFPB complaint XXXX RDAC stated that my last known address was provided by XXXX XXXX XXXX XXXX However, this assertion is false, as XXXX XXXX XXXX was never provided with my new address. my current address is not included on the lease agreement with XXXX XXXX XXXX, and I have not provided them with this information. Your claim that you received my address from XXXX XXXX XXXX raises significant concerns about the accuracy and legality of your information gathering practices. 

Under the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), and applicable state laws, consumers have the right to know how their personal information is obtained and used by debt collectors. In light of this, I am formally requesting that you provide : A detailed explanation of how RDAC obtained my current address, specifically indicating whether it was provided by XXXX XXXX XXXX or another source. 
Documentation, such as written communication or data transfer records, that confirms the claim that XXXX XXXX XXXX provided my current address to RDAC.

Your prompt attention to this matter is appreciated. Should RDAC fail to provide the requested proof, This raises concerns about the legality of RDAC 's actions and their compliance with federal and state laws.

RDAC 's response has failed to address the specific subsections of the laws and regulations mentioned in my initial complaint, including : Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692 et seq. Sections 1692e ( false or misleading representations ), 1692f ( unfair practices ), and 1692d ( harassment or abuse ) Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 et seq. Sections 1681b ( permissible purposes of consumer reports ) and 1681s-2 ( responsibilities of furnishers of information ) Gramm-Leach-Bliley Act ( GLBA ) - Title V Sections 6801-6809 ( disclosure of nonpublic personal information ) Texas Debt Collection Act ( TDCA ) - Texas Finance Code, Title 5, Subtitle A, Chapter 392 Sections 392.301 ( threats or coercion ), 392.303 ( harassment or abuse ), 392.304 ( unfair or unconscionable means ), 392.101 ( bond and registration ), and 392.306 ( unauthorized disclosure ) Texas Business & Commerce Code, Title 2 , Chapter 20 Section 20.05 ( fraudulent use or possession of identifying information ) Texas Rules of Civil Procedure Rule 76a ( sealing of court records ) Texas Deceptive Trade Practices Act ( DTPA ) - Texas Business & Commerce Code, Title 2 , Chapter 17 , Subchapter E Section 17.46 ( b ) ( 12 ) ( representing that an agreement confers rights, remedies, or obligations which it does not have ) Tennessee Fair Debt Collection Practices Act ( TFDCPA ) - Tennessee Code Annotated, Title 62, Chapter 20 Sections 62-20-105 ( communication with debtor ), 62-20-106 ( harassment or abuse ), and 62-20-107 ( false, misleading, or deceptive acts ) Identity Theft Deterrence Act - Tennessee Code Annotated, Title 47, Chapter 18, Part 21 Section 47-18-2107 ( fraudulent use of identifying information ) Uniform Commercial Code ( UCC ) - UCC 9-102 ( a ) ( 74 ) ( definition of account debtor ) and UCC 9-602 ( waiver and variance of rights and duties ) RDAC 's false claim that XXXX XXXX XXXX provided them with my new address suggests a violation of the FDCPA 1692e, as well as the TDCA 392.304 and the TFDCPA 62-20-107. Additionally, their use of an electronic lease agreement from XXXX XXXX XXXX as the sole validation of the alleged debt raises questions about their compliance with the UCC, specifically regarding Additionally, their use of an electronic lease agreement from XXXX XXXX XXXX as the sole validation of the alleged debt raises questions about their compliance with the Uniform Commercial Code ( UCC ), specifically regarding : UCC 1-308 ( performance or acceptance under reservation of rights ) - By providing an electronic lease agreement as the sole validation of the alleged debt, RDAC may be attempting to enforce the debt without properly establishing the legitimacy of the obligation, which could be construed as a reservation of rights issue.

UCC 3-501 ( presentment ) - RDAC has not provided sufficient evidence that they are a holder entitled to enforce the alleged debt under the UCC, as the electronic lease agreement alone does not establish their legal standing to collect the debt.

UCC 9-601 ( rights after default ) - As RDAC has not demonstrated that they are a secured party entitled to enforce the debt under the UCC, their collection efforts may be in violation of the rights of the debtor after default.

UCC 9-609 ( secured party 's right to take possession after default ) - RDAC 's reliance on the electronic lease agreement as the sole validation of the alleged debt does not demonstrate that they have the legal right to take possession of any collateral or enforce the debt under the UCC.

In light of these concerns, I request that the CFPB investigate RDAC 's compliance with the UCC and other relevant federal and state laws. Their actions raise serious questions about their adherence to legal requirements, and it is crucial that RDAC is held accountable for any violations they may have committed.

Furthermore, making false statements to the CFPB or on its complaint response portal could be considered a violation of 18 U.S.C. 1001, which makes it a federal crime to knowingly and willfully make a materially false statement in connection with any matter within the jurisdiction of a U.S. agency. RDAC 's false claim that XXXX XXXXXXXX XXXX provided them with my new address may fall under this statute.

I respectfully request that the CFPB take these matters into consideration and investigate RDAC 's actions thoroughly. Please let me know if you require any further information or clarification.

In their response, RDAC chose to focus on a single aspect of the complaint, namely the provision of my address, while ignoring the detailed list of federal and state laws and regulations that they are accused of violating. RDAC 's decision to disregard the alleged violations of these laws is inappropriate and suggests a lack of accountability for their actions.

As a consumer, I am entitled to protection under various federal and state laws, including the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), the Texas Debt Collection Act ( TDCA ), the Texas Business & Commerce Code , the Texas Rules of Civil Procedure, the Texas Deceptive Trade Practices Act ( DTPA ), the Tennessee Fair Debt Collection Practices Act ( TFDCPA ), the Identity Theft Deterrence Act, and the Uniform Commercial Code ( UCC ). RDAC 's disregard for these laws in their response undermines the integrity of the CFPB 's complaint process and demonstrates a lack of respect for the legal rights of consumers.

It is inappropriate for RDAC to avoid addressing the specific allegations of their violations of these laws in their response. The CFPB complaint process is designed to ensure that financial institutions and debt collectors adhere to federal and state laws and regulations, and by ignoring these allegations, RDAC is undermining the purpose of this process.

I request that the CFPB require RDAC to provide a thorough and detailed response that addresses each alleged violation of the federal and state laws outlined in my initial complaint. Additionally, I ask that the CFPB conduct a comprehensive investigation into RDAC 's practices to ensure that they are in compliance with all applicable laws and regulations.

Thank you for your attention to this matter. I look forward to a resolution that holds RDAC accountable for their actions and ensures the protection of my rights as a consumer. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation