Consumer complaint received 2024-09-26
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: CAINE & WEINER COMPANY, INC. (TX)

I am writing to formally demand the immediate removal of certain unauthorized inquiries and invalid collection accounts from my credit report. This demand is based on violations of my rights under the Fair Credit Reporting Act ( FCRA ), as well as potential fraud and identity theft issues. Additionally, under the Uniform Commercial Code ( UCC ), certain collection activities are not compliant with the law, as no proper evidence of assignment of debt has been provided. 
Inquiries Lacking Matching Open Accounts Fraudulent or Unauthorized I have identified multiple inquiries listed on my credit report that are not linked to any open accounts or any credit applications I have made. These inquiries must be deleted immediately as they do not meet the permissible purposes required by 15 U.S.C. 1681b. If these inquiries were made fraudulently or without my explicit consent, they also constitute a violation of the FCRA, which entitles me to have them removed. Furthermore, under 15 U.S.C. 1681c-2, if these inquiries are the result of identity theft or fraud, I am protected by law from their continued appearance on my report. 
Collection Accounts Failure to Provide Proof of Assignment In addition, there are collection accounts reported on my credit report by various collection agencies that I am disputing on the grounds that they have not provided the proper documentation of their ownership of the debt. According to 15 U.S.C. 1692g ( b ) of the Fair Debt Collection Practices Act ( FDCPA ), I am entitled to receive a letter of assignment or evidence that the collection agency has been assigned or sold the debt by the original creditor. 
Under the Uniform Commercial Code ( UCC ), specifically UCC Article XXXX, a debt assignment must be properly documented, and the collection agency must provide verification of its rights as the new holder of the debt. If this proof is not provided, the collection agency is not legally authorized to report or collect on the debt, and any such account must be removed from my credit report immediately. 
The following collection accounts must be deleted due to the collection agencys failure to provide the required documentation proving their right to collect : Applicable Statutes Supporting My Request 1. 15 U.S.C. 1681b This section outlines permissible purposes for accessing and using a consumers credit report. Inquiries not tied to open accounts or applications must be removed as they lack a valid purpose.

2. 15 U.S.C. 1681c-2 Protection against the inclusion of fraudulent accounts and inquiries due to identity theft. I am exercising my right under this statute to demand the removal of any inquiries that are the result of fraud or identity theft.

3. 15 U.S.C. 1681i ( a ) This statute mandates the credit reporting agency to investigate disputed information. Any information that can not be verified must be corrected or deleted within 30 days of receiving this letter.

4. 15 U.S.C. 1692g ( b ) The FDCPA requires that debt collectors provide validation of debts, including proof of assignment. If they fail to do so, they are not authorized to continue collection efforts or report the debt.

5. UCC Article 9 ( specifically UCC 9-404 ) Under the UCC, any assignment of debt must be properly documented. The collection agency must demonstrate that they are the legitimate owner of the debt. Without such documentation, any reported collection account is invalid.

Formal Request for Removal Based on the legal protections provided by the FCRA, FDCPA, and UCC, I demand that you : 1. Investigate and remove all unauthorized inquiries : As these inquiries lack a permissible purpose or are potentially fraudulent, they must be deleted from my credit report immediately. Failure to comply with this request violates 15 U.S.C. 1681b and 15 U.S.C. 1681c-2.

2. Delete all collection accounts that have not been properly verified : These collection agencies have failed to provide me with proof of assignment or ownership of the debt. Without such evidence, the reporting of these accounts is unlawful under the FDCPA and UCC.

Failure to Comply If my requests are not met within the 30 days mandated by 15 U.S.C. 1681i ( a ), I will pursue further action, including but not limited to : Filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ).

Considering legal action for willful or negligent non-compliance under 15 U.S.C. 1681n ( willful non-compliance ) and 15 U.S.C. 1681o ( negligent non-compliance ).

Pursuing any claims related to fraud under 15 U.S.C. 1681q ( FCRA Fraud ) for anyone who willfully obtained or disclosed my information without my consent.

I expect prompt compliance with these legally supported requests. I have enclosed a copy of my government-issued identification and proof of address to assist in verifying my identity.

Thank you for your immediate attention to this matter. Please provide confirmation in writing of the removal of the disputed items from my credit report at my mailing address within the legally prescribed time frame. 
Sincerely, XXXX XXXX