Consumer complaint received 2024-12-04
Product: Debt collection — Telecommunications debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Amsher Collection Services, Inc. (FL)

Subject : Formal Legal Demand for Immediate Deletion of Fraudulent Account, Investigation Into AmSher Collections, and Compensation for Statutory Damages Dear CFPB, This formal complaint is submitted on behalf of my client, who has endured repeated violations of federal and state consumer protection laws by AmSher Collections, exacerbated by the CFPBs failure to enforce their rights. Despite 11 prior disputes, including Complaint ID XXXX  the CFPB has failed to address clear evidence of fraud and AmShers systemic abuses. 

Under 15 U.S.C. 1681n, my client is entitled to {$1000.00} in statutory damages for the CFPBs failure to properly investigate and enforce their rights. The CFPBs inaction has allowed AmSher to continue reporting false information, causing significant financial harm to my client.

Key Issues 1. False and Contradictory Claims In their response to Complaint ID XXXX, AmSher claimed : " XXXX XXXX does not need to have a contract with AmSher. She does, however, have a binding contract with XXXX XXXX, and they have assigned the account to our office for collection. '' This statement is legally incorrect. Under the FDCPA ( 15 U.S.C. 1692g ( b ) ), AmSher is required to provide proper validation of the debt upon request, including : A signed legal instrument or contract bearing my clients wet signature, as required under Florida law for a legally binding agreement. 
Evidence proving that my client authorized the account. 
To date, AmSher has failed to provide any such documentation. Their claim that billing statements suffice as validation is incorrect under federal law, which explicitly prohibits unverified claims from being treated as evidence.

2. Misrepresentation About Fraud Responsibility AmSher further stated : " If XXXX XXXX XXXX feels the account may have been activated fraudulently, the consumer will need to fill out the Charter ID Theft Form. '' This assertion violates consumer protection laws by unlawfully shifting the burden of proof onto my client. Under the FCRA ( 15 U.S.C. 1681i ( a ) ), it is the duty of the data furnisherin this case, AmSherto investigate disputes and validate the accuracy of the information they report. My client is under no legal obligation to contact XXXX XXXX XXXX department, especially when AmSher has failed to provide sufficient validation of the debt. 

3. Fraudulent Use of My Clients Credit Report AmSher has engaged in fraudulent use of my clients credit report by reporting inaccurate and contradictory information : Creditor Name : My clients credit report lists T-Mobile as the original creditor for {$460.00}, but AmSher claims the debt is with Charter Communications for {$76.00}.

Account Status : The account is falsely reported as open on my clients credit report, despite being in collections. This misrepresentation violates the FCRA ( 15 U.S.C. 1681e ( b ) ), which mandates accurate reporting of consumer data.

Account Timeline : AmSher references billing from XXXX 2021, while my clients credit report lists the account as opened on XX/XX/XXXX, XXXXa physical impossibility. 

4. False Claim Regarding the XXXX  AmSher stated : " We have forwarded the last billing statements for the months of XXXX XXXX, to validate the remaining amount owed, to the XXXX site. '' This is demonstrably false. A search of the BBB database reveals no listing for XXXX Collections, nor any validation materials available. This misrepresentation further demonstrates AmShers lack of transparency and intent to mislead both my client and regulatory agencies. 

Legal Violations Federal Violations FDCPA ( 15 U.S.C. 1692g ( b ) ) : Failure to provide sufficient validation of the debt upon request.

FDCPA ( 15 U.S.C. 1692e ) : False representation of the creditor, timeline, and account details.

FCRA ( 15 U.S.C. 1681e ( b ) ) : Reporting false and unverifiable information to credit bureaus.

FCRA ( 15 U.S.C. 1681i ( a ) ) : Failure to investigate disputes and validate reported information.

FCRA ( 15 U.S.C. 1681n ) : Willful misrepresentation of information on a consumer report.

Florida State Violations Identity Theft ( 817.568, Florida Statutes ) : Fraudulent use of my clients personal information constitutes a felony under Florida law.

Fraudulent Practices ( 817.03, Florida Statutes ) : Falsifying account information to collect a debt is criminal fraud.

XXXX XXXX XXXX XXXX XXXX. ) : Misleading claims and failure to validate the debt violate Floridas consumer protection laws.

Accountability of the CFPB Under 15 U.S.C. 1681n, the CFPB is liable for statutory damages of {$1000.00} due to its failure to properly investigate and enforce my clients rights. This lack of action has allowed AmSher to continue their harmful practices, causing ongoing harm to my client.

How AmShers Practices Have Harmed My Client Denial of Credit : My client has been repeatedly denied credit, including the inability to secure a mortgage, due solely to this fraudulent account.

Emotional Distress : The ongoing stress and frustration caused by disputing this matter for over a year have significantly impacted my clients well-being.

Damage to Creditworthiness : The continued prese
nce of this fraudulent account negatively impacts my clients credit score and financial reputation.

Demands for Immediate Action My client demands the following actions, to be completed within XXXX hours : Permanent Deletion of the Fraudulent Account AmSher must immediately delete this account from all three credit reporting agencies ( XXXX, XXXX, and XXXX ). 
Cessation of All Collection Activities AmSher must cease all collection efforts tied to this account. 
Compensation for Damages My client is entitled to {$1000.00} in statutory damages under 15 U.S.C. 1681n, due to both AmShers violations and the CFPBs failure to act effectively on prior complaints.

Formal Investigation of AmSher The CFPB must investigate AmShers systemic violations, including their failure to provide validation, false reporting, and fraudulent claims regarding the BBB and contract validation.

Final Warning Before Filing With The Courts If these demands are not met within 72 hours, my client will : Pursue legal action under FDCPA, FCRA, and Florida state law. 

Seek daily damages for every day this fraudulent account remains on their report. 
Escalate this case to federal oversight agencies to ensure accountability for systemic violations.

Conclusion The CFPBs inaction, coupled with AmShers continued violations, constitutes a severe breach of my clients consumer rights. Immediate intervention is required to resolve this matter and prevent further harm. 

My client expects full compliance within the stated timeframe.