Consumer complaint received 2017-08-19
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: FAIR COLLECTIONS & OUTSOURCING, INC. (MA)

This complaint is based on FCOs multiple violations of the FDCPA, the FCRA and the Massachusetts Debt Collection Regulations ( MDCPA ). However, the CFPB website limited me to choose only one violation, where I chose the most relevant. I discovered a collection account reported by this debt collector after reviewing my credit reports. FCO reported that I owe {$2000.00} to an apartment complex. On XX/XX/XXXX, I sent FCO a demand for relief pursuant to Chapter 93A of the Massachusetts Consumer Protection Act. FCO received my letter via certified mail receipt number XXXX XXXX XXXX XXXX XXXX. My demand was based on FCOs violation of the MDCPA 940 CMR 7.07 ( 21 ) which states that it is an unfair or deceptive practice for a debt collector to report to a consumer reporting agency on its transactions or experiences with a debtor in a name other than that of the creditor. My letter also stated that by doing so, FCO had taken action that can not legally be taken, in violation of the FDCPA 15 USC 1692e ( 5 ) and that they employed false or deceptive means to collect a debt, in violation of the FDCPA 15 USC 1792e ( 10 ). I had demanded that FCO delete the unlawfully reported account from my credit reports. FCO ignored my demand and continued to report the account in their own name, in violation of the MDCPA and the FDCPA. My letter dated XX/XX/XXXX also included a request for validation of debt. On XX/XX/XXXX, FCO responded with insufficient validation of the debt ( and actual evidence that the debt they claimed I owe was in fact inaccurate ). FCO responded with the following : ( 1 ) An illegible copy of the lease agreement. Notwithstanding the indecipherable language on the agreement, it had expired back in XX/XX/XXXX. However, according to FCO, the alleged debt was incurred between XX/XX/XXXX and XX/XX/XXXX. ( 2 ) A document titled Statement of Deposit Detail. This statement reflects that I had moved out of the apartment on XX/XX/XXXX. However, the statement also reflected new rent charges and other fees that had been incurred on XX/XX/XXXX. Rent payments were billed in advance, not in arrears. Based on this document, I was billed for rent during the month after I had moved out of the apartment. ( 3 ) FCO failed to include proof of assignment of the debt that was requested in my letter dated XX/XX/XXXX.
( 4 ) FCO failed to include other documents I had requested that would validate the debt as required by the MDCPA and Massachusetts Residential Occupancy laws. On XX/XX/XXXX, I disputed the inaccurate and unsubstantiated account thru the consumer reporting agencies. My dispute was based on FCOs failure to validate the debt, and because they reported the account in their own name, in violation of the MDCPA 940 CMR 7.07 ( 21 ).
On XX/XX/XXXX, I received notification from the consumer reporting agencies that FCO had falsely verified the account ( even though they failed to adequately validate the debt or report the account solely in the name of the creditor as required by the MDCPA ). By verifying both false and unlawfully reported information thru the consumer reporting agencies, FCO also violated the Fair Credit Reporting Act 15 USC 1681s-2 ( b ).