Consumer complaint received 2024-11-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: ProCollect, Inc. (TX)

Subject : Formal Demand for Complete Validation of Alleged Debt, XXXX XXXX Compliance, and Immediate Removal from Credit Report ( Account # XXXX ) is not in Compliance with Consumer Laws, and Immediate Removal from Credit Report To Whom It May Concern : I am writing to formally demand complete validation of an alleged debt, identified by Account # XXXX, that Pro Collect has reported on my credit report, listing XXXX XXXX as the original creditor. I have never done business with this entity, nor have I received any prior communication from either XXXX XXXX or Pro Collect regarding this debt. Reporting this debt without prior notice and without verification directly violates my rights under several consumer laws, including the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), and XXXX XXXX standards. 

Consumer Laws Violated 1. Violation of the Fair Debt Collection Practices Act ( FDCPA ) Failure to Notify : Under the FDCPA, particularly 15 U.S.C. 1692g, a debt collector is required to notify the consumer of the debt within five days of the initial communication. This notice must include the amount of the debt, the name of the original creditor, and a statement of the consumers rights. Pro Collect has failed to provide any such notice for Account # XXXX before reporting this debt, violating my rights under XXXX. 
Failure to Validate Debt : The FDCPA mandates that debt collectors provide full legal validation of a debt if the consumer disputes it. This validation must be more than a billing statement ; it must include : Proof that Account # XXXX actually belongs to the consumer. 
A signed contract or agreement demonstrating the consumers obligation for this debt. 
A complete history of charges. 

Reporting an unvalidated debt violates 15 U.S.C. 1692e ( 8 ), which prohibits debt collectors from communicating or reporting false or misleading information about a debt to third parties, including credit bureaus.

2. Violation of the Fair Credit Reporting Act ( FCRA ) Reporting Inaccurate Information : The FCRA requires that all information reported to credit bureaus be accurate and verifiable. Pro Collects action of reporting Account # XXXX without proper validation violates FCRA standards, specifically 15 U.S.C. 1681s-2 ( b ). This law requires that all furnishers investigate and confirm the accuracy of any information before and after it is reported. 
Failure to Verify Before Reporting : FCRA regulations also mandate that any company reporting information to credit bureaus must have verified the information for accuracy. Pro Collect did not verify Account # XXXX with me prior to reporting, directly violating 15 U.S.C. 1681i ( a ), which requires furnishers to investigate disputed information upon notification. 

XXXX. Violation of XXXX XXXX Compliance Standards As a furnisher of information, Pro Collect is required to follow XXXX XXXX Format standards to ensure that all reported data is accurate, timely, and complete. Pro Collects failure to provide me with notice and accurate information before reporting Account # XXXX violates the accuracy and timeliness guidelines of XXXX XXXX standards, which are used by credit bureaus to ensure the integrity of reported data. 

Relevant Case XXXX XXXXXXXX XXXX XXXX XXXXXXXX. XXXX, XXXX XXXX XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX ) : The court ruled that reporting unverifiable or inaccurate debt violates both the FDCPA and FCRA, holding the debt collector accountable for damages. 
XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) : The court ruled in favor of the consumer, establishing that failure to validate the debt before reporting it violates the FDCPA and harms the consumers creditworthiness. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) : The court found that failing to notify a consumer of a debt before reporting it was an FCRA violation, resulting in a ruling for the consumer. 

Immediate Actions Required Immediate Removal from Credit Report : Due to these clear violations of the FCRA, FDCPA, and XXXX XXXX standards, I am demanding that Pro Collect immediately remove Account # XXXX from my credit reports with all credit bureaus. 
Written Explanation of Reporting Procedures : I also demand a written explanation of Pro Collects procedures for notifying consumers of debts before reporting, and why these procedures were disregarded in my case. 

Notice of Intent to Pursue Legal Action If Pro Collect fails to validate Account # XXXX in accordance with federal law or refuses to remove this item from my credit report, I will pursue legal action. I am prepared to seek damages for violations of the FDCPA, FCRA, and XXXX XXXX standards, which have harmed my credit and financial standing.

From this point forward : Block, remove and delete this account immediately and stop reporting to all credit agencies. All communication must be in writing. Upon receipt of this letter I demand that you respond immediately with complete validation of Account # XXXX. While doing so immediately remove it from my credit report Failure to respond will be considered non-compliance and acknowledgment of your obligation to remove this debt. I will not hesitate to pursue legal proceedings as your negligence has already caused so much damage to my credit report that can never be fixed. I have been denied credit on XX/XX/XXXX due to your unlawfully reporting of the fraudulent inaccurate information. You did not even notify or contact to acknowledge that this was a debt of mine you would have seen that this debt was not a debt that I owe. 

I am keeping thorough records of this request and all related communications, including this letter, for potential use in future legal proceedings. 

Thank you for your immediate attention to this matter.