This complaint is based on violations of the FCRA, the FDCPA and the MDCPA ( including MGL Chapter 93A sec. 2  ) by SIMONS AGENCY INC. ( hereinafter SIMON ). 

___ In XX/XX/XXXX, I reviewed my XXXX and XXXX credit reports and saw a collection account reported by SIMON. 

___ SIMON is not a licensed debt collector in Massachusetts and is attempting to collect an alleged debt thru use of the credit reporting system. Attached is a copy of the NMLS Report on SIMON reflecting that they have no license to collect debts from Massachusetts residents, nor are they authorized to conduct business in Massachusetts. The following state and federal court decisions support this position : Accordingly, XXXX is, in our view, required to submit to the licensure requirements and corresponding oversight and supervision mandated under G.L. c.93, 24B and 209 Code Mass. Regs., and subsequent sections. XXXX XXXX, XXXX v. XXXX, No. XXXX. Additionally, Because reporting a debt to a credit reporting agency can be seen as a communication in connection with the collection of a debt, the reporting of such a debt in violation of the provisions of 1692e ( 8 ) can subject a debt collector to liability under the FDCPA. XXXX v. XXXX , XXXX, XXXX. XXXX, XXXX XXXX XXXX ( XXXX XXXX XX/XX/XXXX ). In XXXX v. XXXX XXXX. XXXX., XXXX , XXXX XXXX XXXX XXXX ( XXXX Cir. XX/XX/XXXX ) the Sixth Circuit Court of Appeals.  assume [ d ] without deciding that the reporting of the debt to XXXX  constitutes a collection activity under the FDCPA. Id. at 304, n.5. 

___ On XX/XX/XXXX, I mailed to SIMON a demand letter pursuant to Chapter 93A of the Massachusetts Consumer Protection Act. My demand letter advised SIMON that they violated the MDCPA because they reported the account in a name other than that of the creditor in violation of 940 CMR 7.07 ( 21 ). My demand letter sought the removal of the wrongly reported account from my credit reports. I have attached a copy of that letter. 

___ SIMON received my demand letter on XX/XX/XXXX via certified mail receipt number XXXX XXXX XXXX XXXX XXXX. 

___ My letter dated XX/XX/XXXX also included a request for validation of debt. I requested all of the required materials under Mass. law 940 CMR 7.08 ( 2 ). These materials include ( a ) all documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected, and ( b ) a complete transaction history which reflects the date and amount of payments, balances, and charges concerning the debt. My letter also included the very same form letter requesting validation of debt as provided on the website of the CFPB. 

___ At no time did SIMON reply to my letter and/or validate the alleged debt.

___ On XX/XX/XXXX, I disputed the account thru the credit reporting agencies. My dispute included that ( a ) I had no knowledge of the debt, ( b ) that SIMON failed to validate the debt as required by the FDCPA, and ( c ) that SIMON reported the account in their own name, in violation of the MDCPA 940 CMR 7.07 ( 21 ). 

___ Between the dates of XX/XX/XXXX and XX/XX/XXXX, I received the results of the investigations from the credit reporting agencies. According to the credit bureaus, SIMON had falsely verified the account even though they failed to validate the debt, and further, where they have no authority to collect a debt from Massachusetts residents such as myself. 

___Based on the aforementioned facts ( and supported by the attached Exhibits ), SIMONs conduct includes the following : ___ ( a ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute thru the credit reporting agencies.

___ ( b ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( B ) in that they failed to review all relevant information provided in my dispute to the credit bureaus, including their failure to mark the disputed account as disputed as required by 1681s-2 ( a ) ( 3 ).

___ ( c ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate information on my credit reports. 

___ ( d ) Violation of the FDCPA 15 USC 1692g in that they failed to validate the debt and have continued collection activity thru use the of credit reporting system. ___ ( e ) Violation of the MDCPA 940 CMR 7.08 ( 2 ) and MGL c.93A sec . 2 for continuing collection activity while failing to provide all of the required materials that would validate the debt under Mass. law. ___ ( f ) Violation of the MDCPA 940 CMR 7.07 ( 21 ) and MGL c.93A sec . 2 in that they reported the account in a name other than that of the creditor ___ ( g ) Violation of the FDCPA 15 USC 1692 ( e ) in that they have taken action that can not legally be taken.

___ ( h ) Violation of the FDCPA 15 USC 1692e ( 10 ) in that they employed false or deceptive means to collect a debt.

___ ( i ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount of legal status of the debt.