Consumer complaint received 2022-07-29
Company: CAINE & WEINER COMPANY, INC.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
As a federally protected consumer I am identifying that Caine & Weiner Company ( Caine & Weiner ) was never given my permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. Caine & Weiner Company was notified within the 30 days of the collection statement dated XX/XX/2022, that this account was in dispute and that it needed to Cease and Deist communication but continued to proceed with further action and placed this alleged debt on my consumer profile. Additionally, after faxing and sending a certified letter on XX/XX/2022, that specified how Caine & Weiner had violated my consumer rights and would serve as the final notice, Caine & Weiner sent additional correspondence dated XX/XX/2022, specifically an invoice from XXXX to represent the of validation of this alleged debt owed and again requesting payment. 
I am noting that Caine & Weiner has committed multiple violation under the FCRA and the FDCPA by furnishing this alleged debt on my consumer report. These violations are as follows : 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) - report containing information solely as to transactions or experiences between the consumer and the person making the report. You were not party to this alleged transaction, thus was never authorized by me to report the alleged transaction. These alleged services were with XXXX XXXX. 

15 USC 6802 ( 1 ) - a financial institution may not disclose nonpublic personal information to a nonaffiliated third party. Caine & Weiner is nonaffiliated third party as it relates to this alleged transaction.

15 USC 1692f - unfair collections practices - ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. I have verified with alleged original creditor there was never a contract for these alleged services. Caine & Weiner was not provided with an agreement between me and the alleged creditor XXXX. There is no contract that exist for these services, nor does XXXX have any documentation that authorizes the release of any my personal information. An invoice is not a validation of debt.

15 USC 1692 j ( a ) - It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Again, you were not party to this alleged transaction, regardless of representing that you were retained by such alleged creditor.

15 U.S.C. 1681c-2 ( c ) ( 1 ) ( c ) - provide consumer with any valid or actual documentation validating this account or obtaining proof validating that I had obtained possession of any goods, services, or money because of the alleged transaction.

15 USC 1692d ( 2 ) - The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. Your representatives indicate all calls are recorded for monitoring and quality assurance purposes, and specifically on XX/XX/2022, at approximately XXXX. And at that point in time, I requested to verify with him that you can identify calls based on date, time and consumer reference account. 

I am requesting the Caine & Weiner remove this alleged account from my consumer report immediately. If no action is taken in apart by Caine & Weiner within 15 days of receiving this certified letter, I will proceed to I file litigation for actual damages caused and Caine & Weiner will be held criminally liable for aggravated identify theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud.

Company response to consumer: Closed with explanation