Consumer complaint received 2024-05-31
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Linebarger Goggan Blair & Sampson LLP (UT)

An entity known as " XXXX XXXX XXXX XXXX '' acting on behalf of the State of XXXX has incorrectly attempted to collect a debt from me for tolls incurred on pay roads in Colorado. The tolls were incurred in XXXX XXXX and relate to a vehicle I sold six months prior. I graciously spent a few hours of my time providing written proof that the license plates -- from my home state of XXXX -- were transferred to a new owner under a Bill of Sale in early XX/XX/2023. I also provided written communications from the XXXX XXXX XXXXXXXX XXXX XXXX to the Colorado agency collecting the tolls confirming that Colorado 's agency was using an out of date database for out of state vehicles. The XXXX XXXX wrote : " In the state of XXXX  you do have the option to use the sellers license plates. [ This was written to refute the State of XXXX agency 's claim that license plates are never transferrable with a vehicle sale. ] I show this vehicle is registered in the new owners name and has been since XXXX of XXXX. The State of XXXX needs to check the XXXX records to see that you ae no longer the owner of this vehicle. Have a wonderful day! '' In spite of providing proof directly from the XXXX XXXX Utah XXXX, the XXXX agency refused to look into the error, refused to take any action, and told me i could pay the fines/tolls incurred by the vehicle owner and driver if I wanted to dismiss the matter, otherwise they would continue to attempt to collect and refer me to a collections agency. Subsequently this matter was referred to Linebarger, Goggan Blair & Sampson , LLP, a debt collections firm based in XXXXXXXX XXXX XXXX and representing the XXXX toll agency. 

I have now informed the firm that they are in direct violation of the Fair Debt Collection Practices Act -- they have a legal obligation to review the validity of the debt, including evidence submitted to dispute a debt by an alleged debtor -- and as with the toll agency itself the debt collection firm has completely ignored my communications, and instead is using the threat of issuing a Civil Penalty Assessment Notice XXXX Colorado XXXX XXXX, XXXX. ) to collect the alleged tolls owed, plus interest and a civil penalty, plus interest. At no time has any party attempted to look into the merits. If they had done so, a simple 90 second review of the XXXX records -- as the State of XXXX XXXXXXXX has recommended -- would quickly show that the State of XXXX XXXXs toll collection agency is seeking to collect from the wrong party. 

At this point I'm asking the CFPB to intervene and force the State of XXXX to honor its legal obligations under the FDCPA. It should not take threats of suing the state and seeking a recovery of statutory damages under the FDCPA for the State to do the right thing and validate that they are attempting to collect tolls from the correct parties. I can understand how a simple mistake can occur ; I can not understand the state and the collection agency 's stubborn refusal to look into the matter even after a neighbor state ( Utah ) has directly informed them of the State of XXXX XXXXs error. 

Thank your for whatever help you can offer. 

XXXX XXXX.