Consumer complaint received 2022-06-24
Product: Debt collection — Mortgage debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: McCalla Raymer Leibert Pierce, LLC (GA)

McCalla Raymer Leibert Pierce , LLC received the Cease-and-Desist Letter by certified mailed and email several times and continue to attempt to collect an allege debt that was paid. It is a fact, material fact and undisputed material fact in the instant Case the text messages received by Complainant and texted by McCalla Raymer Leibert Pierce, LLC/ Managing Partner, Attorney XXXX XXXX XXXX XXXX failed to identify the senders as debt collectors. Summary Judgment is appropriate against McCalla Raymer Leibert Pierce , LLC. See Exhibits-JML-1,2, 3,4, and 5. There is no litigation between McCalla Raymer Leibert Pierce , LLC and XXXX XXXX XXXX. 
Complainant, XXXX XXXX XXXX files this Complaint against Respondent, McCalla Raymer Leibert Pierce , LLC [ the Firm ] for the willful and unlawful misconduct for violation of the Cease-and-Desist, Violation of Regulation F and Violation of 15 U.S. Code 1692c Communication in connection with debt collection that violated the Consumer Financial Protection and the Federal Trade Commission [ Federal Fair Debt Collection Practices Act ( FDCPA ) ] starting around and about XX/XX/XXXX to date. McCalla Raymer Leibert Pierce , LLC [ the Firm ] business principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect debts, directly or indirectly, debts owed or due or asserted to be owed or due another/ consumer. McCalla Raymer Leibert Pierce , LLC violations of the CFPB and FTC, has been willful, continuous and systematic. 
There are no ambiguities surrounding Complainant starting around and about XXXX to date received text messages from McCalla Raymer Leibert Pierce, LLC/ Managing Partner, Attorney XXXX XXXX XXXX XXXX that failed to identify the senders as debt collectors.

McCalla Raymer Leibert Pierce , LLC received proof of payment, letter disputing the allege debt and continued the willful and unlawful misconduct, harassment, sent no validation letter of the allege debt, called Complainant more than seven ( 7 ) times in one week, and contacted Complainant before XXXX and after XXXX. 

There are no known Court cases that shows XXXX XXXX XXXX vs. McCalla Raymer Leibert Pierce , LLC. McCalla Raymer Leibert Pierce , LLC has not been joiner of party in any Court Cases with XXXX XXXX XXXX vs. XXXX or anyone. There are no factors that would prevent the Consumer Financial Protection and the Federal Trade Commission [ Federal Fair Debt Collection Practices Act ( FDCPA ) ] from pursuing legal action against McCalla Raymer Leibert Pierce , LLC for the willful and unlawful misconduct for violation of the Cease-and-Desist, Violation of Regulation F and Violation of 15 U.S. Code 1692c Communication in connection with debt collection that violated the Consumer Financial Protection and the Federal Trade Commission [ Federal Fair Debt Collection Practices Act ( FDCPA ) ] starting around and about XX/XX/XXXX to date. 

Managing Partner Attorney XXXX XXXX XXXX has managerial responsibility for the Firm and materially participates in the conduct of its affairs, including the development and approval of the collection practices and he is deemed a covered person under the CFPA. 12 U.S.C. 5481 ( 25 ). McCalla Raymer Leibert Pierce , LLC [ the Firm ] and its Managing Partner Attorney XXXX XXXX XXXX can be shut down and banned for the willful and unlawful misconduct for violation of the Cease-and-Desist, Violation of Regulation F and Violation of 15 U.S. Code 1692c Communication in connection with debt collection that violated the Consumer Financial Protection and the Federal Trade Commission [ Federal Fair Debt Collection Practices Act ( FDCPA ) ] starting around and about XX/XX/XXXX that has been continuous and systematic and to date that is clear and unambiguous. McCalla Raymer Leibert Pierce , LLC [ the Firm ] and its Managing Partner Attorney XXXX XXXX XXXX is liable for damages to Complainant. 

The Firm is a covered person under the CFPA and a debt collector under the FDCPA. 12 U.S.C. 5481 ( 6 ), ( 15 ) ( A ) ( x ) ; 15 U.S.C. 1692a ( 6 ).

12 CFR 1080.6 - Civil investigative demands, 1080.6 Civil investigative demands.

In the instant Complaint the Bureau can investigate and request proof from the McCalla Raymer Leibert Pierce , LLC [ the Firm ] and its Managing Partner Attorney XXXX XXXX XXXX of the Cease-and-Desist violation among other things to prove their case. 

McCalla Raymer Leibert Pierce , LLC [ the Firm ] and its Managing Partner Attorney XXXX XXXX XXXX harassment is willful, continuous and systematic. 
You will : Vacate the property within 90 days of acceptance of these terms Release and waive all claims against XXXX and its counsel and representatives Consent to foreclosure of the property Move to dismiss the any litigation have pending against XXXX with prejudice within 14 days of your acceptance of these terms In exchange for the above and within 30 days of your leaving the property, XXXX will : Pay to you {$25000.00}. 
Waive its claim to a deficiency ( a deficiency is any further amounts due on the loan after the foreclosure sale of the property ) XXXX will not agree to stay the litigating while you consider these terms or while you seek advice from counsel. This offer will expire on XX/XX/XXXX at XXXX a.m. EST. 
As explained here, For the foregoing reasons, we AFFIRM the Commission 's cease and desist order. Upon affirming a Commission cease and desist order, a court of appeals must " issue its own order commanding obedience to the terms of such order .... '' 15 U.S.C. 45 ( c ). The Commission 's order is hereby ENFORCED. See Orkin Exterminating Co. , Inc. v. FTC - Court of Appeals, 11th Circuit, XXXX " `Consumers may act to avoid injury before it occurs if they have reason to anticipate the impending harm and the means to avoid it, or they may seek to mitigate the damage afterward if they are aware of potential avenues toward that end. ' '' See FTC v. XXXX XXXX XXXX XXXX, XXXX. 
It is a fact, material fact, and undisputed material fact that McCalla Raymer Leibert Pierce , LLC received proper notice to cease -and -desist as required by Georgia Law and Federal Law. See Exhibits-A-05-12-2022, Exhibit-GGXX/XX/XXXXand Exhibit-HH-XX/XX/XXXX. McCalla Raymer Leibert Pierce , LLC received proper notice and continued with collections attempts that violated the Cease-and-Desist, Violation of Regulation F and Violation of 15 U.S. Code 1692c Communication in connection with debt collection that violated the Consumer Financial Protection and the Federal Trade Commission [ Federal Fair Debt Collection Practices Act ( FDCPA ) ] starting around and about XX/XX/XXXX to date. 

As explained here, FTC Halts Three Debt Collection Operations That Allegedly Threatened and Deceived Consumers via Illegal Text Messages. At the Federal Trade Commissions request, federal courts in New York and Georgia have temporarily halted three debt collection operations that allegedly violated federal law by threatening and deceiving consumers via text messages, emails, and phone calls. The FTC seeks to permanently end the unlawful practices. The texts failed to identify the senders as debt collectors. We begin with XXXX ' contention that the district court erred in granting summary judgment against her on the FTC Act and FDCPA claims. We review de novo a district court 's decision to grant summary judgment. See Dolphin LLC v. WCI Cmtys., Inc. , ( 11th Cir. XXXX  ). A party is entitled to summary judgment only if it " shows that there is no genuine dispute as to any material fact and [ it ] is entitled to judgment as a matter of law. '' Fed. R. Civ. P. 56 ( a ) .The district court did not err by granting summary judgment to the FTC . And neither its refusal to stay the proceedings nor its calculation of equitable relief was an abuse of discretion. AFFIRMED. See Federal Trade Commission v. PRIMARY GROUP , INC. Court of Appeals , 11th Circuit , XXXX  McCalla Raymer Leibert Pierce , LLC/ Managing Partner, Attorney XXXX XXXX XXXX , failure to Provide Statutorily-Required Notices and Disclosures to Complainant sent Complainant a series of text messages, typically not disclosing that the company is a debt collector. See Exhibits-JML-1,2, 3,4, and 5 See Federal Trade Commission v. PRIMARY GROUP , INC. Court of Appeals , 11th Circuit , XXXX As explained here, We have already held that a homeowner 's promissory note, secured by a mortgage on the property, constitutes a " debt '' under the FDCPA. See Reese v. Ellis, Painter, Ratterree & Adams , LLP, 678 F.3d 1211, 1216 ( 11th Cir. ) McCalla Raymer Leibert Pierce , LLC willfully ignored the Cease-and-Desist.

Attorney XXXX XXXX XXXX Georgia Bar No. XXXX  McCalla Raymer Leibert Pierce , LLC XXXXXXXX XXXX XXXX XXXX XXXX, Ga XXXX