Consumer complaint received 2024-10-04
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis (FL)

To Whom It May Concern : I am submitting this complaint against COLUMBIA DEBT RECOVERY, XXXX XXXX XXXX for violations of both state and federal laws related to debt collection practices. 

COLUMBIA DEBT RECOVERY, LLC is in violation of the Florida Consumer Collection Practices Act ( XXXX ) XXXX ( XXXX ) and the Fair Debt Collection Practices Act ( FDCPA ), 15 USC 1692, for unlawful collection activities. This will be my final attempt to resolve this matter prior to pursuing legal action ( see attached intent to sue ). 

My name is XXXX XXXX, XXXX and XXXX XXXX. COLUMBIA DEBT RECOVERY, LLC is a XXXX XXXX, with its principal address at XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, WA XXXX. They claim I owe an alleged debt of {$2900.00} for a property known as XXXX at XXXX XXXX. 

On XX/XX/year>, I provided this company with an official identity theft report from the Federal Trade Commission ( FTC ), as per my rights under 15 USC 1681g ( e ) and 1681c-2. Despite this, they have continued to request a police report, even though the FTC identity theft report is legally sufficient. They have failed to cite any law requiring both documents, as FTC reports are recognized as legal proof of identity theft, and a police report is merely optional, not mandatory.

Additionally, they sent me a lease agreement and lease statements that I never saw, signed, or authorized. No one can verify that I completed an application or lived at this property. My identity was stolen to secure this lease, and without evidence proving otherwise, it is presumptuous to say I lived there, which I did not. Despite this, the account was sent to collections and reported to the credit bureaus, damaging my consumer report and causing XXXX XXXX XXXX XXXX XXXX 

After I disputed the debt and provided the FTC identity theft report, COLUMBIA DEBT RECOVERY , LLC wrongfully certified the debt as accurate. Because they have access to my personal information, they have falsely argued that the debt belongs to me in violation of 15 USC 1692a ( 5 ) and Florida XXXX XXXX ( XXXX ). 

It is important to reiterate that COLUMBIA DEBT RECOVERY, XXXX regularly collects debts on behalf of other entities and therefore qualifies as a " debt collector '' under both 15 USC 1692a ( 6 ) and Florida Statute XXXX ( XXXX ). They have further violated Florida XXXX XXXX ( XXXX ) by disclosing information affecting my creditworthiness without legitimate need or knowledge of its accuracy, thereby harming my reputation. 

Had COLUMBIA DEBT RECOVERY, LLC conducted a proper investigation, they would have determined that I never visited XXXX at XXXX XXXX, never completed an application, never received mail there, and that this address is not connected to me in any public record or credit report. Their access to my personal information without permissible purpose constitutes a violation of 15 USC 1681b. 

In reviewing the lease agreement, the co-signers signature is clearly handwritten, while the signature they attribute to me was generated by a computerized system, further confirming the fraudulent nature of this contract. I believe an employee of this residential facility may have conspired to commit fraud using my identity.

As a result of these violations, I seek statutory damages of {$1000.00} per violation and immediate removal of this fraudulent debt from my credit report. I have attached my intent to sue, and I will seek additional damages in court for the financial and emotional harm this has caused me. 

Sincerely, XXXX XXXX