Consumer complaint received 2021-01-04
Company: Metro Collection Service Inc.
State: MA
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Metro Collections did not properly communicate the debt, they are not registered to collect in the state of Massachusetts, and have not provided the assignment as requested. Below is the information provided to Metro regarding their collection practices and laws broken. 

You are attempting to collect on a alleged debt of a Massachusetts state resident. You are not licensed to collect debts in this state. 
Massachusetts General Laws, Part 1, Administration of the Government, Title XV Regulation of Trade, Chapter 94, Section 24A : ( a ) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business You reported a derogatory account on my credit report under the name of your company, as opposed to using the name of the creditor. Under Massachusetts state law, a debt collector may only report on a consumers credit report while using the name of the creditor only. 
209 CMR 18.17 : Unfair Practices : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17. 
( 11 ) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a debtor in the debt collectors name. However, a debt collector may, with the express written authorization from the creditor, report to a consumer reporting agency in the creditors name.

940 CMR 7.07 : General Unfair or Deceptive Acts or Practices : It shall constitute an unfair or deceptive act or practice to engage in any of the following practices to collect or attempt to collect any debt : ( 15 ) Using any business, company or organization name other than the true name of the creditors business, company or organization ( 21 ) Reporting to a consumer reporting agency on transactions or experiences with a debtor in a name other than that of the creditor Pursuant to MGL Chapter 106 UCC 9-405, if you did not originate this debt, please provide the chain of assignments to the creditor involved in the creation of this account : ( c ) Proof of assignment. Subject to subsection ( h ), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made.

MGL 106 Section 9-209 ( b ) : notice was received of the sale/transfer of the alleged debt. Please provide the following documentation : ( b ) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by a debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under Section 9-405 ( a ) an authenticated record that releases the account debtor from any further obligation to the secured party.

40 CMR 7.08 ( 1 ) and ( 2 ), Please produce the following documentation that would validate the alleged debt under state law. ( 1 ) It shall constitute an unfair or deceptive act or practice for a creditor to fail to provide to a debtor or an attorney for a debtor the following, within five business days after the initial communication with a debtor in connection with the collection of a debt, Please instruct the service provider to send me those records directly, as I do not permit any third-party handling of my private medical records, pursuant to 45 CFR 164.501 ( HIPAA ). Do NOT send any bills or invoices that outline any procedures done this will be considered a violation.

Below find their licensing according to the division of banks : Metro Collection Service Inc . 
NMLS ID : XXXX XXXX Address : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, CO XXXX Mailing Address : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, CO XXXX Phone : XXXX Toll-Free Number : XXXX Fax : XXXX Website : XXXX Email : XXXX Other Trade Names More Info : None Prior Other Trade Names More Info : None Prior Legal Names More Info : None Sponsored MLOs More Info : XXXX Fiscal Year End : XX/XX/XXXX Formed in : Colorado, United States Date Formed : XX/XX/XXXX Stock Symbol : None Business Structure : Corporation Regulatory Actions More Info : None posted in NMLS. 
Branch LocationsMore InfoNo Branch Locations in NMLS State Licenses/Registrations ( Displaying 1 Active of 1 Total ) Regulator More Info License/Registration Name Authorized to Conduct Business More Info Consumer Complaint More Info view all details XXXX  XXXX XXXX XXXX XXXX XXXX to Regulator Hide Details License/Registration # : XXXX Original Issue Date More Info : XX/XX/XXXX Status More Info : Approved Status Date : XX/XX/XXXX Renewed Through More Info : XXXX Other Trade Names used in Arizona More Info : None Hide License Status History More Info Start End Authorized to Conduct Business More Info XX/XX/XXXX Present Yes

Company response to consumer: Closed with explanation