Consumer complaint received 2024-08-28
Product: Debt collection — Rental debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: FAIR COLLECTIONS & OUTSOURCING, INC. (FL)

Re : Set Company ( XXXX XXXX ) and Fair Collections & Outsourcing, Inc To whom may it concern, After viewing and reading the documents that Fair Collections & Outsourcing , Inc submitted to the Consumer Financial Protection Bureau, I have noticed several violations the set company and Fair Collections & Outsourcing , Inc have committed. This letter serves as a formal notice of your violations. Please find below the list of the following violations : ( 1 ) s. 83.49 ( 3 ) ( a ) Florida Statutes 83.49Deposit money or advance rent ; duty of landlord and tenant.

( 3 ) The landlord or the landlords agent may disburse advance rents from the deposit account to the landlords benefit when the advance rental period commences and without notice to the tenant. For all other deposits : ( a ) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenants last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form : This is a notice of my intention to impose a claim for damages in the amount of. Upon your security deposit, due to. It is sent to you as required by s. 83.49 ( 3 ), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to ( landlords address ).

It was the set company duty to provide Notice of Intention to Impose Claim on the Security Deposit s. 83.49 ( 3 ) ( a ) Florida Statutes. Fair Collections & Outsourcing , Inc. did not provide this document with the documents provided to the Consumer Financial Protection Bureau.

( 2 ) 15 USC 1692g 807 ( 2 ) ( a ) 807. False or misleading representations debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; The set company provided falsified information stating that the previous tenant vacated the premises on XX/XX/2019. The set company closeout this falsified documents on XX/XX/2019. Also stated that the tenant didn't leave the keys and garage remote. Which is incorrect, attached please find hotel statements which states set date in question and the set company alter the dates of move out. It will show previous tenant left on Sunday, XXXX XXXX. How can we trust the set company and Fair Collections & Outsourcing , Inc. when they are providing false information and amount.

The purpose of the Act The Florida Consumer Collections Practices Act is a detailed statute enacted by the Florida Legislature to limit a number of abuses in connection with the collection of debts by a collection agency or any business that frequently engages in the collection of debts. Another purpose of the Act was to protect an individual 's right to privacy.

The Act and the Original Creditor The Florida Consumer Collection Practices Act governs not only debt collectors but also original creditors. The landlord and management company would typically be considered the original creditor, unless the account is acquired during an ongoing tenancy. This Act will also apply against successor owners or management companies. 

Penalties The Act imposes administrative, civil and even criminal penalties on an entity or person that is in violation of its provisions. For example, a collection agency that fails to register properly with the office of Financial Regulation of the Financial Services Commission could face criminal charges.

Civil Penalties The most common type of penalty imposed by the Act is civil liability. A person who violates the Act is liable for actual damages, court costs and attorney 's fees incurred by the plaintiff. The judge has discretion to award punitive damages. A plaintiff may recover statutory damages of up to {$1000.00} for every violation of the Act.

As per 15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} per violation.

( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. 
On a finding by the court that an action under this section. 

The consumer has stated above all the violations Fair Collections & Outsourcing , Inc. has violated. Fair Collections & Outsourcing , Inc. has violated 7 of this Act. Fair Collections & Outsourcing , Inc. has 1 day to remove this collection from all consumer reports and never reappear. Please provide a check for the violations to the consumer in the amount of {$1000.00} per violation as it states in this Act. The total amount is {$7000.00} which Fair Collections & Outsourcing , Inc. has the name on file. Fair Collections & Outsourcing , Inc., has 3 days to send the check. Consumer will take legal action against Fair Collections & Outsourcing , Inc. according to the civil liabilities, for violating 83.49 ( 3 ) ( a ), the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692-1692p, Fair Credit Reporting Act 15 USC 1682b , 12 CFR 1006.

Copy has been sent to the following companies : CC : Florida State Attorney Office CC : Federal Trade Commission THIS LETTER SERVES AS FORMAL NOTICES OF YOUR VIOLATIONS.