Consumer complaint received 2024-10-17
Product: Debt collection — Other debt
Issue: Electronic communications — You told them to stop contacting you, but they keep trying
Company: JMS Associates, Inc. (FL)

A man named XXXX has been harassing me for the past week. The first call I received from him at my office was on XX/XX/year>. His initial message, transcribed by my phone answering service, stated : " Caller advised he is representing XXXX XXXX XXXX XXXX and is calling regarding unpaid invoices. He is requesting a call back from XXXX XXXX within an hour ; caller has threatened to file a lawsuit if he does not receive a call back within that time frame. '' I returned his call that same day to inquire about the issue. He claimed to be the head of the litigation department and threatened to file suit against me. When I asked if he understood the details of the business relationship between XXXX XXXX and myself, he stated that he did not care and insisted I had to pay or he would proceed with legal action. I requested that he send me the invoices so I could clarify the situation. He emailed me invoices I was already familiar with, to which I responded with an explanation of each invoice and previous communications with XXXX XXXX, demonstrating that they were not due as he alleged. I even offered to pay certain invoices, although this was not the agreement I had with XXXX XXXX. However, he ignored my offer and continued to call both my office and personal phone multiple times, harassing me, disrespecting my employees, misrepresenting my character to them and representatives of my phone answering service, and threatening to file suit. 
I sent him an email requesting that he cease all communications with me, but he has not complied. Instead, he has continued to send me emails, clearly violating the Fair Debt Collection Practices Act ( FDCPA ) and the Florida  Consumer Collection Practices Act ( FCCPA ).

Specifically, under the FDCPA, he is violating 15 U.S.C. 1692c ( c ), which states : " if a consumer notifies a debt collector in writing... that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. '' There are XXXX exceptions outlined in the statute that do not apply in this case. I requested that he stop communicating with me on XX/XX/year>, at XXXX XXXX  ( see email ). However, he contacted me again on the same day at XXXX XXXX  and XXXX XXXX, and again on XX/XX/year>, at XXXX XXXX  ( see emails ). 
Furthermore, under the FCCPA, he is violating Fla. Stat. 559.72 ( 5 ), which prohibits a collection agency from : disclose [ ing ] to a person other than the debtor... information affecting the debtors reputation, whether or not for creditworthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information. XXXX XXXX has contacted several of my employees and representatives, disclosing that I owe the amounts he claims without acknowledging the legitimate dispute regarding them, which has affected my reputation. 
Fla. Stat. 559.72 ( 6 ) further prohibits the disclosure of information concerning a debt known to be reasonably disputed by the debtor without disclosing that fact. XXXX XXXX has informed my employees about the alleged debt without mentioning that I have disputed it and provided proof of the legitimate dispute. 
Additionally, Fla. Stat. 559.72 ( 7 ) prohibits : willfully communicat [ ing ] with the debtor... with such frequency as can reasonably be expected to harass the debtor. XXXX XXXX has repeatedly called me and my office, and emailed me constantly over the last XXXX days. I have recorded XXXX calls to my office and at least XXXX emails to myself. His frequent communications have not only been harassing but have also included derogatory language, including a voice message in which he called me a " deadbeat. '' Fla. Stat. 559.72 ( 8 ) also prohibits us [ ing ]... vulgar, or willfully abusive language in communicating with the debtor. XXXX XXXX has used vulgar and abusive language during several calls to my office and myself. As mentioned, he left a voice message calling me a deadbeat and implying that I have no money.

Finally, Fla. Stat. 559.72 ( 10 ) prohibits us [ ing ] a communication that simulates in any manner legal or judicial process or that gives the appearance of being an attorney at law when it is not. In his communications, XXXX XXXX has claimed to be the head of the legal department and has implied that he is either an attorney or authorized to file suit immediately. In his initial message to me via my phone answering service, he stated that I had an hour to call him back or he would file suit within that time frame. 
This conduct also violates Fla. Stat. 559.72 ( 12 ), which prohibits orally communicat [ ing ] with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney. 
In summary, XXXX XXXX 's actions have not only constituted harassment but have also violated multiple provisions of both the FDCPA and the FCCPA. His continued communication after my request for cessation, the use of derogatory language, and the misrepresentation of his authority raise serious legal concerns. He should be held accountable.