Consumer complaint received 2017-01-10
Company: Performant Financial Corporation
State: WI
Product: Debt collection
Sub-product: Federal student loan
Issue: Improper contact or sharing of info
Sub-issue: Talked to a third party about my debt

Complaint:
I have been trying to qualify for a student loan rehabilitation program. I am being forced to do this through Performant even though they NEVER sent the 30 day notice. I have found this out-of-state Texas corporation does not believe it needs to follow the Fair Debt Collections Practices Act. 

I have, in the past, gotten multiple calls per day. It is not possible, most times, to get back to anyone. When directly asked, their representatives will not acknowledge the are subject to the Fair Debt Collection Practices Act. They are rude, sarcastic, and hang up when I call even though they know that it is very difficult to get hold of anyone. 

I should never have had to work with Performant in the first place and I mentioned this in a complaint filed yesterday. Today, I received 2 calls, one at XXXX and again at XXXX. 

The first call in the morning left an inappropriate message on a cell phone that is provided to me by an organization I do some volunteer work for and specifically identified the call as being from a debt collector. They do not have a right to harass me by leaving a message that says they are a debt collector on a phone that is not a personal phone ( and they would not have the right to leave that message on my personal phone either ). 

The phone message specifically says to call back and ask for " extension XXXX '' yet their phone system does not allow you to access extensions. 

I promplty called them back as soon as I could. At XXXX the " operator '' ( their system does not allow you to ask for an extension and this operator did not identify herself -- it was a woman ) would not allow me to talk to anyone about the Fair Debt Collections Act and what I know to be a violation. When I restated why I needed to talk to a supervisor because a phone message was left that is not in compliance with FDCP Act, this person said in an extremely sarcastic and rude tone of voice " OH REALLY! '' and then immediately hung up on me. 

When I called back at XXXX and expressed concerns that XXXX phone associates at Performant were harassing me by ( 1 ). Leaving information to a third party about my debt ( 2 ). Being rude, insulting, sarcastic & hanging up on me and I was also not allowed to talk to anyone about unfair and illegal practices. 

I called back a third time at XXXX. This time, I did not engage the operator as I have learned Performant has no interest in being helpful and complying with FDCP. I directly asked for a supervisor and was transfered to a XXXX XXXX 's voice mail ( I did not hear the woma n't first name ). I left a message specifically saying that I believe Performant is harassing me and is out of compliance with Federal Law. I left a phone number and am now waiting to hear back from them. But the point is this : 1. I did not contract for their services and, like many filing complaints here, Performant never sent the mandated 30 day notice. 
2. Despite this, I have tried to work with them to qualify for a student loan rehabilitation program. 
3. None of the reps I have talked to have been able to consistently explain to me how this works, so I do not even know if the program they talk about exists. They refuse to provide me any information in writing about a program they are saying will resolve my student loan problem if I make a set number of regular payments. 

4. It is virtually impossible to get hold of a collector to help you even though they give you extensions and imply this will connect you to someone that will help -- this is not true and Performant know this. 
5. The people I can get on the phone will not identify themselves by name and will not even acknowledge they are subject to FDCP Act. 
6. Virtually all the people I do talk to are abusive, sarcastic, & unhelpful. They call me multiple times a day even after they leave messages on voicemail -- inappropriate messages that illegally disclose debt

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