Consumer complaint received 2023-06-01
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAINE & WEINER COMPANY, INC. (OH)

Subject : Cease and Desist Illegal Activity and Demand for Documentary Evidence Dear XXXX XXXX, I am writing to bring to your attention a matter of utmost concern regarding the unauthorized use of my identifying information by Caine & Weiner for the purpose of committing mail fraud and contacting me about an alleged debt. I, XXXX XXXX, hereby state that I have never given Caine & Weiner any permission to utilize my personal information in any manner, let alone engage in fraudulent activities. 

It has come to my attention that the assignment of a defaulted note, as per Article 9, is illegal. Consequently, both the assignee and the assigned party are liable for violations under 15 U.S. Code 1692e ( 12 ). I want to emphasize that I have not validated any alleged debt with Caine & Weiner, and any failure on my part to dispute the validity of these claims should not be construed as an admission of liability. 

As of XX/XX/2023, I have not received any documentary evidence, such as a trilateral contract, which grants Caine & Weiner any right to collect on the aforementioned alleged debt. Moreover, I have not received any documentation requesting validation from your organization prior to the commission of multiple violations under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). These violations include, but are not limited to, 15 U.S. Code 1692d ( 4 ), as defined by the Federal Trade Commission ( FTC ) as debt parking.

Unless Caine & Weiner can provide me with evidence, such as a tracking number, demonstrating that a legitimate attempt was made to validate this alleged debt with me, the consumer, prior to its inclusion on my consumer report, I must conclude that this account has been fraudulently furnished with forethought and malice, with the intention of causing harm to my financial reputation. In accordance with 15 U.S. Code 1692c ( c ), I hereby declare my legal refusal to pay this debt.

Therefore, I demand an immediate cease and desist of all illegal activity, including any communication and collection efforts related to this alleged debt, until such time that Caine & Weiner can provide sufficient documentary evidence establishing my legal obligation to pay. Failure to comply with this demand will leave me with no choice but to pursue litigation for the actual damages caused. Furthermore, Caine & Weiner may be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, as well as charges of extortion, theft by deception, securities fraud, and mail fraud.

Please consider this letter as my official notification to you, XXXX XXXX XXXX, on behalf of Caine & Weiner, pursuant to UCC 1-202f. I kindly request your prompt attention and a written response addressing the concerns raised in this correspondence. 

I expect a timely resolution to this matter and trust that Caine & Weiner will adhere to the laws and regulations governing debt collection practices. Please provide all correspondence and documentary evidence in response to this complaint : Thank you for your immediate attention to this serious matter. 

Sincerely, XXXX XXXX [ Account XXXX : XXXX ]