Consumer complaint received 2024-07-08
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Jim Bottin Enterprises, Inc (CA)

On XX/XX/XXXX, I received an email from ABC Fitness Solutions ( ABC Financial ) XXXX on behalf of a company called XXXX XXXX XXXX XXXX. In the email, they stated I owed an amount due for {$120.00}. Within that email, this company disclosed " This communication is an attempt to collect a debt. Any information obtained will be used for that purpose. '' I asked for validity since I have not signed up for a gym membership ( XXXX search appears that this is a gym ). Through email with XXXX, I repetedly stated I did not open an account with them or visited their location. Every one of my emails was ignored and they kept stating that " We have received your request to cancel your membership ''. When I replied that I had not put in a request to cancel due to not even establishing a membership, they repetedly called myself during work hours, and left voicemails using different phone numbers. On XX/XX/XXXX, I requested that the debt collector stop contacting me by phone and email and only through written communication. They ignored my request, and continued to send me emails on at least 2 occasions, XX/XX/XXXX & XX/XX/XXXX. 
By phone, a " XXXX XXXX '' called from XXXX stating she was from ABC FITNESS SOLUTIONS and that i need to go to XXXX to pay my bill- This individual called me on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and on XX/XX/XXXX. On XX/XX/XXXX, the individual stated their name was " XXXX XXXX '' XXXX XXXX called from the same number, XXXX and repeated what " XXXX XXXX '' instructiions were. XXXX XXXX called and left voicemails during working hours on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 

Here is a list of times the collection agency ( XXXX XXXX ) attempted to contact myself after I communicated to them via email and written letter to not contact myself through phone or email. 
At least 2 times by email XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ABC Fitness/Financial stopped calling me , and shortly I received a letter from : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX sent me a letter claiming I owed {$2500.00}. Due to my purported membership with " XXXX XXXXXXXX ''. This indicated to me that the original debt collector ( ABC FINANCIAL ) had never attempted to validate the debt or look into my concern that I did not establish an account with them. Furthermore, they did not notify me that they were transferring the collection/debt to XXXX AND XXXX XXXX 

On XX/XX/XXXX, I sent via certified XXXX mail to XXXX XXXX XXXX that no further contact be made to me except through mail, and requested the verification and validation of the debt, a signed agreement or contract that establishes my obligation to pay the amount of {$2500.00}, and the original creditor 's name and address if different from the original creditor, account number, amount owed, all comminication attempts to me, and supporting documentation that I have legitimately established a membership with XXXX XXXXXXXX XXXX XXXX XXXX XXXX. I requested that all collection activities be ceased until the validity of the deby has been verified and established. I requested written confirmation within 30 days of receipt of the letter I sent, specifically : " I expect to receive written confirmation from you within 30 days of your receipt of this letter, confirming that my account has been placed on hold, collection activities have ceased, and that you are in the process of validating the debt. Please note that all future communications regarding this matter should be conducted in writing. I do not consent to being contacted by phone or email, except in writing to provide the requested validation of the debt. '' After I had sent my letter to XXXX XXXX XXXXXXXX, XXXX, the tracking number provided by XXXX states " Your item was picked up at the post office at XXXXXXXX XXXX on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. '' A " XXXX XXXX '' contacted me via phone number XXXX & left a voicemail stating their name was XXXX XXXX calling from XXXX XXXX XXXX and to contact them at XXXX. 
XXXX Tracking Number : XXXX Although I I sent via certified XXXX mail to XXXXXXXX XXXX XXXX that no further contact be made to me except through mail, and requested the verification and validation of the debt, none was provided to me. Today on XXXX I received email that I something had changed on my credit report. I subsequently checked XXXX XXXX, and followed up with XXXX and saw that a collection was placed there from " XXXX XXXX XXXX  ''. 

Based on the facts provided, I believe Fair Debt Collection Practices Act ( FDCPA ) laws were violated.