Consumer complaint received 2024-02-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: FAIR COLLECTIONS & OUTSOURCING, INC. (FL)

I trust this letter finds you well. I am writing to dispute the inclusion of a debt on my credit report, reported by Fair Collections and Outsourcing, FCO. The concerns outlined in my previous communication persist, and I am now seeking additional information in accordance with the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Privacy Act of 1974, and other applicable federal laws. 

Lack of Debt Validation Fair Collections and Outsourcing, known as FCO has failed to validate the alleged debt within a reasonable timeframe, violating my rights under the Fair Debt Collection Practices Act ( FDCPA ) Section 809 ( a ) ( 4 ) ( 15 U.S.C. 1692g ). I am entitled to receive verification of the debt within 30 days of the initial communication. 

Failure to Contact Fair Collections and Outsourcing, known as FCO, has failed to provide me with any notice or communication regarding the alleged debt, as required by the FDCPA Section 809 ( a ) ( 1 ) ( 15 U.S.C. 1692g ). I have not been informed about the nature of the debt, the amount owed, or any supporting documentation. 

Unauthorized Reporting of Personal Information FCO has reported my personal and private information without my consent, violating the FCRA Section 605B ( 15 U.S.C. 1681c-2 ). The unauthorized disclosure of this information poses a significant risk to my privacy and may lead to identity theft concerns. 

Lack of Direct Agreement I have not entered into any agreement, business relationship, or contract with FCO directly to collect the debt in question. As such, their reporting of this debt is not in compliance with the FCRA Section 623 ( a ) ( 2 ) ( 15 U.S.C. 1681s-2 ( a ) ( 2 ) ), which requires accurate reporting of valid and verified debts. 

Privacy Act of 1974 Violations The unauthorized disclosure of my personal information may also constitute a violation of the Privacy Act of 1974, 5 U.S.C. 552a, which governs the collection, maintenance, use, and dissemination of personal information by federal agencies.

Additional Concerns I would like to bring to your attention recent actions taken by the Consumer Financial Protection Bureau ( CFPB ) against Fair Collections & Outsourcing ( FCO ), a debt collection enterprise. FCO, which includes FCO Holding , Inc. and its subsidiaries, violated federal law by failing to establish reasonable written policies and procedures, leading to inaccurate information on consumers ' credit reports. The CFPB alleges that FCO also failed to conduct reasonable investigations of disputes, including those related to identity theft. 

Quotes from CFPB Articles - " The CFPB alleges that Fair Collections & Outsourcing ( FCO ) violated federal law by failing to establish or implement reasonable written policies and procedures regarding the accuracy and integrity of the information it furnished to credit reporting agencies ... '' - " The CFPB alleges that FCO failed to conduct reasonable investigations of disputes, including disputes related to identity theft. '' CFPB Order Furthermore, the CFPB order resulting from the investigation states that defendants, including their officers, agents, servants, employees, and attorneys, may not violate Sections 807 and 807 ( 10 ) of the FDCPA, 15 U.S.C. 1692e, e ( 10 ). This includes the representation, expressly or by implication, that defendants have a reasonable basis to assert that consumers owe debts when, in fact, defendants do not have a reasonable basis to make those assertions. 

Enforcement Action by CFPB The enforcement action by the CFPB against FCO underscores the severity of violations in debt collection practices. FCO was found to have violated the Consumer Financial Protection Act of 2010, the Fair Credit Reporting Act ( FCRA ), and Regulation V ( the Furnisher Rule ). The allegations include the failure to implement proper policies and procedures regarding the accuracy and integrity of furnished information and the failure to conduct reasonable investigations of disputes, especially those related to identity theft. 



Implications for the Dispute Given the documented history of FCO 's violations and the specific order issued by the CFPB, it is imperative for XXXX to critically assess the accuracy and validity of information reported by [ Credit Collection Company ]. The CFPB 's enforcement actions highlight the importance of comprehensive and accurate reporting to protect consumers ' rights and privacy. 

Acquiescence and Its Legal Implications Considering the serious allegations against FCO, including violations of the Consumer Financial Protection Act of 2010, the Fair Credit Reporting Act ( FCRA ), and Regulation V, it is crucial to examine the accuracy and validity of information reported by FCO. The CFPB 's findings highlight historical and current deficiencies in FCO 's policies and procedures, raising concerns about the accuracy and fairness of their debt collection practices. 

Of note is the concept of " acquiescence. '' In legal terms, acquiescence refers to passive acceptance or compliance without active opposition. Given the documented history of FCO 's violations, it is concerning that their practices may have been accepted without proper scrutiny. This underscores the importance of a thorough and impartial investigation by XXXX into the reported debt. 

Responsibilities under the FCRA I would like to reiterate XXXX 's responsibilities under the FCRA, particularly under 15 U.S.C. 1681e and 15 U.S.C. 1681i. These sections mandate XXXX to follow reasonable procedures, ensure maximum possible accuracy of reported information, and conduct a reasonable reinvestigation when a consumer disputes the accuracy of information in their credit report. The requested documentation and verification of the debt align with these statutory requirements. 

Requested Documentation : Considering the ongoing concerns and the backdrop of FCO 's violations, I request the following information to facilitate a thorough and fair investigation into the reported debt : 1. Purchase Agreement : I request that FCO furnish the purchase agreement to show full ownership of the account so that I may review them for verification purposes. Not the assignment, a copy of the original agreement or bill of sale, but the purchase agreement.

2. Contact Information of Investigative Department : I request contact information, including names, phone numbers, and email addresses, of the individuals involved in the investigation of this dispute. Transparency in this matter is crucial to ensure a fair and accurate resolution. 

3. Validation of Debt : As stipulated by the FDCPA Section 809 ( a ) ( 4 ) ( 15 U.S.C. 1692g ), FCO is required to provide verification of the debt within 30 days of my request. To date, I have not received any validation, and I insist on its provision as part of the investigation. I my complaint with the CFB on XX/XX/XXXX, FCO made no attempt to provide documentation of the debt, but instead offered a uninterested reply never addressing the concerns of the complaint. To this very date, XX/XX/XXXX, I have not, nor have I ever, received any validation of the alleged debt, nor any type of contact from Fair Collections and Outsourcing, known as FCO. 


Legal Definitions : a. Hearsay : I refer to the legal definition of hearsay, as defined under Federal Rule of Evidence 801, which excludes statements made out of court offered for the truth of the matter asserted. Any documentation not originating directly from the involved parties is considered hearsay and is, therefore, inadequate for substantiating the debt. 

Additional Relevant Documents : I request any and all relevant documentation, including but not limited to correspondence, agreements, and records pertaining to the alleged debt. It is imperative that the information provided be firsthand and directly related to the debt in question. 

1. The obligation between the debt collecting agency and I that allows them to collect on the debt and any transactions between the debt collecting agency and myself that binds me to an agreement to make any monetary payments on the debt. 

2. Proof that this debt has not been written off as a tax liability. 


3. Proof of photo identification ( i.e. Drivers License, State Identification Card, or other government issued identification card ) presented at the of incurring the debt. 

4. Itemized record of all charges, fees and payments owed for the alleged debt. 

In the event that FCO fails to provide the purchase agreement, along with all documentation needed to verify directly with me to report the debt, I request XXXX to take appropriate action and delete the disputed debt from my credit report, as continued reporting without proper validation would constitute a violation of the FCRA. Given the serious nature of the allegations against FCO and its affiliates, it is crucial that XXXX thoroughly investigates and rectifies any inaccuracies in the reporting. 

I trust that XXXX will conduct a thorough investigation into these matters, considering the documented history of violations by FCO and affiliates. I anticipate your cooperation in providing the requested documentation within the timeframes prescribed by law. 

Please acknowledge receipt of this letter and inform me of the actions taken to address these concerns. I appreciate your prompt attention to this matter and look forward to a swift resolution.