Consumer complaint received 2023-10-08
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis
State: AZ
Product: Debt collection
Sub-product: Rental debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On or about XX/XX/XXXX I noticed there was a collection account on my credit report. This was through XXXX and listed as Columbia Debt Recovery. I initiated a dispute because I did not recognize the debt and the creditor. 
On XX/XX/2023, I received an email from Columbia Debt recovery stating that I needed to prove that I did not owe this debt. See attached email. 
I responded at that time, XX/XX/XXXX, with a dispute that this was my debt and a request that I only be contacted by mail except to confirm that they understood my request. 
On XX/XX/2023 I received an email with a computer printout of a debt they said I owed. At this point they were using an address as XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX I sent a letter on XX/XX/2023 in which I stated that I am requesting an investigation and proper validation. I also stated again that I wished to be communicated with only through mail. 
At no point has Columbia debt collection ever provided me with a notice of my rights under the FDCPA. They were required to, within 5 days, provide me with notice that I had specific rights to dispute this debt. 15 USC 1692g, 809. Validation of debts, within 5 days to provide me with certain notices regarding my rights to dispute and validate this debt. 15 USC 1692g, 809. 
They were also required to cease collection efforts, including reporting and any communication until such time as they completed an investigation. 
I sent them another letter requesting that they comply with the law, this time by certified mail, which they received on XXXX see attached along with certified mail receipt. 
They are reporting this to the credit reporting agencies using 3 different names and addresses. In fact, they have 4 different addresses that are being used. In a confusing and deceptive manner, they have called themselves Columbia Debt and variations of Genesis, in a conversation with a man named XXXX in early XXXX he initially refused to say who the original creditor was. It was only after I argued with him that he stated who held the debt. 
They contacted me from various phone numbers after I expressed my wishes to only be contacted by mail. On XX/XX/2023 a XXXX XXXX called me at XXXXXXXX XXXX  from a masked number XXXX. This is not actually a number associated with them but a masked number. See attached. 
They sent me an email on XX/XX/2023 attempting again to collect this debt. In both cases they violated the law by attempting to collect debt without complying with 15 USC 1692g, 809 and the process on validating the debt. In this case they received several notices that the debt was in dispute and an investigation was requested. Also, they contacted me in a way I had prohibited. 
Furthermore, Columbia Debt is listed, fraudulently, as a waste management company in the Arizona XXXX XXXX. See attached. Genesis is a separate company who is trying to piggyback onto This entities Debt collection Licenses. Genisis is not actually licensed to collect debt in the State of Arizona. 


To summarize : Genisis did not provide notice of rights. 1006.34 Notice for validation of debts.

Genisis did not investigate as required and did not state that the prior dispute was duplicate or follow the 30 day validation period. 809. Validation of debts ( b ) Disputed debts Genesis communicated by means that was prohibited by the consumer. 1006.6 ( b ) Communications in connection with debt collection. 
Genesis attempted to collect without validation. 1006.38 ( d ) Disputes and requests for original-creditor information. 
Fraudulent names 807. False or misleading representations ( 10 ) Fraudulent phone numbers and masking of phone numbers 807. False or misleading representations ( 10 ) Multiple names 807. False or misleading representations ( 10 ) Not licensed in the state of Arizona as the entity they are named 807. False or misleading representations ( 10 ) As you know, the laws of Arizona largely adopt the Federal Laws except to differ in one sense. Arizona Revised Statutes state that violation of the laws is criminal in nature. 

Violation of the Arizona debt collection statute is a class 1 misdemeanor. ( Ariz. Rev. Stat. 32-1056 ). So, any debtor victimized by a collection agency can report a violation of the statute to the local city or county prosecutor. ( Ariz. Rev. Stat. 32-1057 ).

Arizona law also requires that collection agencies be licensed and provide a bond. ( Ariz. Rev. Stat. 32-1021, 32-1055 ). And collection agencies must " deal openly, fairly, and honestly '' in conducting their business. Licensees may not " engage in any unfair or misleading practices. '' Thank you for your time and consideration. 

XXXX XXXX

Company response to consumer: Closed with explanation