Consumer complaint received 2024-09-02
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: FAIR COLLECTIONS & OUTSOURCING, INC. (MA)

From : XXXX XXXX last XXXX digits of SS # XXXX Complaint re : Fair Collections & Outsourcing ( FCO ) - XXXX XXXXXX/XX/XXXX XXXX Dear CFPB team, I am filing this complaint about a debt collector, namely, Fair Collections & Outsourcing - FCO thereafter, who reported a debt to the credit bureaus, claiming it is mine, without any basis or evidence to support such claim. And when FCO sent me a debt collection bill, requesting a payment of {$1600.00}, which I disputed and requested in writing verification and validation of such debt, FCO produced no evidence at all, to validate such debt. Instead, FCO ignored my cease-and-desist requests and continued to harass me and my wife about a payment, who is not even involved in this matter at all. Such blatant violations of FDCPA have been a consistent pattern by FCO, who knew or should have known that their claim, is false and inaccurate.

FCO has had a long history of engaging in unlawful and deceptive debt collection practices. For instance, in the case of the XX/XX/XXXX- Case No. XXXXXX/XX/XXXX XXXX of the XXXX XXXX XXXX XXXXXX/XX/XXXX, issued an order directing XXXX to pay a fine, with explicit injunctive terms, that : FCO shall not engage in any unlawful practice prohibited by the Consumer Protection Procedures Act, D.C. Code 28-3901, et seq. or the Debt Collection Law, 28 FCO shall not make any oral or written statements that have the capacity, tendency, or effect of deceiving or misleading consumers FCO shall not misrepresent its ability to lawfully collect any amount, fee, or expense that is not legally chargeable or otherwise owed FCO shall not fail to state a material fact, the omission of which deceives or tends to deceive consumers.

FCO shall fully comply with the debt verification requirements of the Fair Debt Collections Practices Act, 15 U.S.C. 1692, et seq.

Furthermore, in a lawsuit filed by this agency, the CFPB alleged that FCO represented, that consumers owed certain debts when, in fact, FCO did not have a reasonable basis to assert that the consumers owed those debts. And as a result, XXXX was ordered by the XXXX XXXX XXXX of Maryland to pay $ XXXX in fines to CFPB, who also ordered XXXX to not violate certain laws, which it did, time and time again. 

And as we sit here today, the debt reported by FCO on my credit report, is marked as open account with a past due, which is illegal reporting. 


RELEVANT FACTS & HISTORY In XX/XX/XXXX, my XX/XX/XXXXXXXX XXXX, rented an apartment at XXXX XXXX the original creditor in XXXXXX/XX/XXXX start college and I agreed to co-sign her apartment lease. 

On XX/XX/XXXX, XXXX moved in, after she paid rent for XX/XX/XXXX, which included a {$500.00} deposit. XXXX paid rent for every month after that, and on XX/XX/XXXX, she paid {$1400.00} for the month of XX/XX/XXXX, which included rent of {$1300.00} plus other fees. 

On XX/XX/XXXX, she vacated the apartment, after giving the original creditor her notice. 

On XX/XX/XXXX, she received a final statement from the original creditor, which included a number of false and inaccurate charges, including the allegation that she did not pay rent for XX/XX/XXXX. To the contrary, XXXX bank statements confirm that she paid rent electronically, every month for 12 months, from XX/XX/XXXX to XX/XX/XXXX, on the following dates and for the following amounts : XX/XX/XXXX paid {$1700.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1400.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1500.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1400.00} ; XX/XX/XXXX paid {$1300.00} ; XX/XX/XXXX paid {$1600.00} ; XX/XX/XXXX paid {$1400.00}. 

On XX/XX/XXXX, my brother, XXXX XXXX emailed XXXX Ponds on behalf of XXXX and copied me ( the co-signer ) that we received your final statement, and we object to it, simply because the alleged charges are grossly inaccurate pursuant to XXXX XXXX XXXX, your property XXXX, during her meeting with me and XXXX, on Thursday XX/XX/XXXX, the month of XX/XX/XXXX was paid in full by XXXX- that is undisputed on XX/XX/XXXX [ XXXX ] XXXX completely moved out, leaving the apartment with XXXX weeks fully paid. Yet, according to your final statement attached, XXXX owes 11 days of rent for XXXX, with your full knowledge that you were fully paid for those 11 days AND the rest of the month, which amounts to fraud the apartment was cleaned before the keys were turned over to XXXX and was left in the same initial condition, if not better [ pictures were attached ]. Yet, your final statement shows a cleaning fee of {$95.00}. Then, you kept our {$500.00} deposit and sought an additional {$1600.00} on top of it XXXX and her family were deceitfully and unfairly overcharged and harassed, which, under the laws of the state of Florida, give rise to a legitimate cause of action against you, and/or your company Please let me know how you would like to proceed If I do not hear from you by end of day today, it will be understood that your final bill is XXXX ( you can keep the {$500.00} deposit and the XXXX weeks of rent in XXXX ). See copy of email attached. 

On XX/XX/XXXX, they replied : Thank you for sending this over. We will forward your email and information with our records to our Attorney for response, but received no response from them or their attorneys, nor did we receive any documentation to back up any of the alleged charges. At no time did the original creditor ever dispute or disagree with any of the facts alleged in our email. 

However, in XX/XX/XXXX, we received a letter dated XX/XX/XXXX from XXXX that we owe them {$1600.00}, related to XXXXXX/XX/XXXX which was reported to the credit bureau. And in their letter, they articulated that if you write to us by XX/XX/XXXX, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. 

So, on XX/XX/XXXX, XXXX XXXX my brother and XXXX called FCOs customer service and specifically asked them, in a recorded conversation, that we dispute the charges, that we request verification and validation of the debt, and to cease and desist any and all contact and collection regarding this account - # XXXX. 

Also, on XX/XX/XXXX, we sent them a certified letter, disputing the {$1600.00} debt and its validity see copy attached. We attached a copy of the email sent to the original creditor disputing the charges and requested from FCO verification and validation of their alleged debt, pursuant to 15 U.S Code 1692g. Specifically, we requested, among other documents, the name and address of the original creditor, a copy of the agreement, an itemized accounting of the alleged debt, a history of rent payments, and requested documents to back up other charges, like the cleaning fee, which was another made up charge. 

However, we received no documents at all from XXXX that verifies any of the alleged debt. Instead, we received a letter ( copy attached ) dated XX/XX/XXXX, which is another violation of 15 U.S. Code 1692g, as it is not within the 30-day window required to respond, stating please find enclosed verification of the above reference debt which is misleading, deceptive and is a total misrepresentation of what they had actually sent. The attachment that FCO sent is a billing statement labeled security deposit from the original creditor about the deposit and rent owed, which is not a validation of the debt. Rather, it is a re-affirmation of their made up rent owed that they know for a fact, I did not owe, based on the original creditors own admission. FCO knew or should have known the difference between a billing statement and a validation of debt, that is backed by a signed agreement and an accounting ledger, which shows a history of the rent payments made. Also, in their XX/XX/XXXX letter, XXXX lowered their original debt amount from {$1600.00} to {$1300.00}, without explanation or validation of neither the original or updated debt amount. 

Between XX/XX/XXXX and XX/XX/XXXX, which is after we advised them on a recorded line to stop contacting us about a payment, XXXX continued to call me and harass me about a payment. During those harassment calls, they admitted to me, that they can not collect from me anyway, because this case is in dispute and under investigation. Yet, they kept calling me non-stop. They even called my wife to harass her about a payment, knowing she has no involvement in this matter at all. These are all violations of the FCRA, which is illegal. 

FCO used deceptive and abusive conduct in the collection of consumer debt that they knew or should have known is against the law. FCO knew they were required to send me information that shows I owe them the debt, which they failed to do. FCO knew they were required, based on their own admission in their letter, to stop collection upon our notice, which they failed to do. FCO knew they are prohibited from harassing me and my family by calling us non-stop, after our cease-and-desist call and letter, but continued to harass us anyway, all in an attempt to extort money from me and my family, illegally, based on a debt that is unsubstantiated and fraudulent. 

On XX/XX/XXXX, we sent another letter to XXXX, that we continue to dispute and disagree with their unsupported debt of {$1600.00}, and the lesser amount of {$1300.00}, but received no response. So, as we sit here today, the debt has neither been validated by XXXX, nor removed from my credit report and continues to be reported, as open account with a past due, which is illegal reporting. 

Sincerely, XXXX XXXX