Consumer complaint received 2024-05-24
Product: Debt collection — Rental debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis (NY)

Summary : 1. FCRA Violation : - Premature Reporting : Despite my formal dispute on XX/XX/XXXX, the debt was reported to the credit bureaus on XX/XX/XXXX, without proper validation. This violates the Fair Credit Reporting Act ( FCRA ) 15 U.S. Code 1681s-2 and 1681i.

- Lack of Notice : I received no written notice about the negative information furnished to the credit bureaus, as required under FCRA Section 1681s-2 ( a ) ( 7 ).

2. FDCPA Violation : - Improper Validation : The debt collector did not provide proper written validation after receiving my dispute. They claimed the apartment provided validation before my dispute, but my dispute specifically challenged the adequacy of that validation. 
- Failure to Address Dispute : The debt collector failed to cease collection activities and provide proper validation, violating FDCPA 15 U.S. Code 1692g ( b ).

3. California Civil Code Section 1950.5 Violation : - Delayed Itemized Statement : The itemized statement was not provided within the legally required 21-day period. The print date does not serve as proof of mailing, and there is no evidence to support their claim of compliance with the law. 

4. Credit Report Issues : - Misleading Remarks : My credit report states " dispute resolved ; reported by grantor, '' which is misleading as the dispute was never properly resolved.

5. Key Points Being Neglected by Columbia Debt Recovery LLC : - Columbia Debt Recovery LLC 's response that I filled out the full term of the lease but failed to provide a 30-day notice neglects that the notice was signed by both parties, indicating that the lease was fulfilled without additional fees. This mutual agreement should nullify claims that a 30-day notice was not provided. 

Details : I am writing to submit a fifth complaint regarding Columbia Debt Recovery LLC, dba Genesis 's improper handling of a disputed debt and violation of several consumer protection laws. My credit report details, which I have attached as a supporting document, further substantiate this complaint. 

Background : - I was first notified of the alleged debt related to a lease at XXXX XXXXXXXX XXXX on XX/XX/XXXX, nearly two years after the lease ended. This delay in notification, combined with the failure to provide proper validation and timely itemized statements, demonstrates a clear disregard for legal requirements and consumer rights by Columbia Debt Recovery LLC. 
- On XX/XX/XXXX, I sent a formal dispute notice to Columbia Debt Recovery LLC challenging the validity of an alleged debt. The dispute notice included a detailed request for validation in accordance with Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g. 
- Despite this timely dispute, the debt was reported to the credit bureaus on XX/XX/XXXX, without proper validation, which is a direct violation of the Fair Credit Reporting Act ( FCRA ) 15 U.S. Code 1681s-2 and 1681i.

Key Issues : 1. Violation of Fair Credit Reporting Act ( FCRA ) - 15 U.S. Code 1681s-2 and 1681i : - Columbia Debt Recovery LLC reported the disputed debt to the credit bureaus before resolving the dispute. The FCRA mandates that companies not report inaccurate information and promptly correct any inaccurate information. By reporting the debt without proper validation, the debt collector has failed and continues to fail to adhere to these requirements. 
- Furthermore, under FCRA Section 1681s-2 ( a ) ( 7 ), the debt collector was required to notify me in writing about the negative information furnished to the credit bureaus. I did not receive such notice, which further constitutes a violation of the FCRA.

2. Violation of Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S. Code 1692g : - - I obtained the Notice to Vacate document from XXXX XXXX XXXX on XX/XX/XXXX. The Notice to Vacate document was signed by both parties, indicating that the lease was fulfilled without additional fees. I then sent a formal written dispute to Columbia Debt Recovery LLC on XX/XX/XXXX. 
- Despite my formal dispute notice sent on XX/XX/XXXX, Columbia Debt Recovery LLC did not provide proper written validation as required. Instead, they reported the debt on XX/XX/XXXX, which is a violation of FDCPA regulations. 
- According to XXXX XXXX XXXX XXXX ( b ), the debt collector must cease collection activities until they provide proper validation after receiving the consumer 's dispute notice. Columbia Debt Recovery LLC claims they noted that XXXX XXXXXXXX XXXX provided validation before receiving my dispute ; however, this is misleading. My dispute specifically challenged the adequacy of the apartment 's validation ( Notice to Vacate document ), and they failed to address this completely. Columbia Debt Recovery LLC has never provided written validation of the debt. Furthermore, providing validation before receiving the dispute notice from a consumer can not be an excuse to ignore their obligation to validate the debt upon receiving the dispute. 

3. Violation of California Civil Code Section 1950.5 : - California law requires landlords to provide an itemized statement of deductions within 21 days after the tenant vacates the property. I did not receive the itemized statement within the legally required 21-day period. The 21-day requirement is designed to protect tenants from unjust charges and to ensure transparency in the handling of security deposits. Failure to provide timely and documented proof of mailing undermines this protection, resulting in potential harm and unfair treatment as a tenant. 
- The itemized statement was only sent to me after I inquired about the alleged debt, which was well beyond the required timeframe. Columbia Debt Recovery LLC has failed to provide evidence that this statement was mailed within the legally mandated period. 
- The print date on the statement does not serve as proof of mailing. I have requested proof of mailing from the debt collector, such as a mailing receipt or tracking information, but they have failed to provide such documentation. Without such documentation, there is no evidence to support their claim that they complied with the law. 

4. Credit Report Details : - My credit report indicates that the collection account was opened on XX/XX/XXXX, with a payment status marked " collection/charge off '' and remarks stating " dispute resolved ; reported by grantor. '' This is inaccurate and misleading as the dispute was never properly resolved, and the debt was prematurely reported to the credit bureaus. I have attached the relevant page of my credit report as a supporting document. It still maintains the same inaccurate information despite filing complaints to the CFPB. This raises serious questions about the debt collectors compliance with the law.

- I have attached screenshots of my credit score history, which clearly show the significant drop in my score after the disputed debt was reported in XX/XX/XXXX. This visual evidence highlights the ongoing harm caused by the inaccurate and premature reporting of the debt, underscoring the urgent need for corrective action. 

XXXX. Secondary issues : These are continuously not addressed in their responses. 
My lease was explicitly a short-term, three-month lease with a higher rent rate than typical one-year leases to accommodate my professional commitments. The leasing office was fully aware of this arrangement, mutually agreed upon in writing, and understood, as evidenced by their adjustment of the higher rent specifically for the three-month duration and acknowledgment of my move-out plans. 
- The Notice to Vacate document, signed by both parties, indicated that the lease was fulfilled without additional fees or rent. The signed document effectively nullifies any claim that a 30-day notice was not provided, as it reflects a mutual agreement that the lease terms were satisfied. This document should be considered binding and conclusive evidence that no further rent was due.